Knapp v. . Anderson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon an order sustaining a demurrer to defendants answer herein. (Reported below, 7 Hun, 295.) This action was brought against defendants as sureties upon an undertaking upon appeal from a judgment in favor of plaintiffs against one Henry S. Leszynsky.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon an order sustaining a demurrer to defendants answer herein. (Reported below, 7 Hun, 295.) This action was brought against defendants as sureties upon an undertaking upon appeal from a judgment in favor of plaintiffs against one Henry S. Leszynsky. The undertaking was that appellant would pay all costs and damages awarded against him on appeal, not exceeding $500; and in case the judgment appealed from was affirmed in whole or in part, or…
1Opinion of the CourtAllen, J.
The ■ defendants did not, by their undertaking, become liable for the debt of their principal, but their obligation was contingent and incident to the legal proceedings for the payment of the judgment that might be rendered upon the appeal. It did not become a debt until the happening of the contingency named, and is not, therefore, within the saving provisions of section 33 of the United States Bankrupt Act of 1867. That section only applies to sureties liable for the debts of the bankrupt existing before, and which would be discharged by the bankrupt proceedings. (Carpenter v. Turrell, 100…
2Cases cited2 opinions
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Cornell v. . DakinNew York Court of Appeals · 1868
3Cited by15 opinions
- Manning v. . GouldNew York Court of Appeals · 1882
- Guaranty Security Corp. v. OppenheimerMassachusetts Supreme Judicial Court · 1923
- St. Louis World Publishing Co. v. Rialto Grain & Securities Co.Missouri Court of Appeals · 1904
- Vandiver v. American Can Co.Supreme Court of Alabama · 1914
- Wertham Bag Co. v. Roanoke Mercantile Co.Supreme Court of Louisiana · 1924
10 more not listed; retrieve them via the Exa API.