Coleman v. Bean
New York Court of Common Pleas
Appeal from a judgment. This was an action upon an undertaking which was entitled, in an action brought by the present plaintiff against the Galveston, Houston, & Henderson Railroad Company, and was as follows: [Title of the cause.] An attachment having been issued in the above action to the sheriff of the city and county of Hew York, and the above-named defendant having appeared in such action, and being about to apply to the officer who issued such attachment or to the…
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Appeal from a judgment. This was an action upon an undertaking which was entitled, in an action brought by the present plaintiff against the Galveston, Houston, & Henderson Railroad Company, and was as follows: [Title of the cause.] An attachment having been issued in the above action to the sheriff of the city and county of Hew York, and the above-named defendant having appeared in such action, and being about to apply to the officer who issued such attachment or to the above-mentioned court for an order to discharge the same: We, Joseph B. Wheelock, of Ho.......street, in the city of…
1Opinion of the Court
By the Court.*—Hilton, J.
The instrument sued upon was an undertaking in the form required by statute to be given on the discharge of an attachment (Code, §§ 240, 241), and on account of the deliberation implied by its nature, should be judged by the rules of law applicable to instruments under seal.
It recited, that in a certain action against the Galveston, Houston, & Henderson Railroad Company, an attachment had been issued, and an application was about being made by the company to discharge the same. The defendants thereupon, pursuant to the statute in such case made and provided, *44in…
2Cases cited7 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Oakley v. BoormanNew York Supreme Court · 1839
- Frakes v. BrownIndiana Supreme Court · 1830
- Jackson ex dem. Hudson v. AlexanderNew York Supreme Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bunneman & Martononi v. WagnerOregon Supreme Court · 1888
- Carlon v. DixonOregon Supreme Court · 1885
- Cohen v. Fidelity & Deposit Co.City of New York Municipal Court · 1928
- Nowell v. GilbertNew York Supreme Court · 1888
- Onderdonk v. VoorhisThe Superior Court of New York City · 1864