Barnes v. Cushing
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs, Harry S. Barnes and another, and by the defendant, Thomas W. Cushing, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 7th day of December, 1898, upon the report of a referee.- This appeal was remitted to the Appellate Division to consider and decide all the questions presented by the cross-appeals from the. judgment of the referee other than the one…
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Cross-appeals by the plaintiffs, Harry S. Barnes and another, and by the defendant, Thomas W. Cushing, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 7th day of December, 1898, upon the report of a referee.- This appeal was remitted to the Appellate Division to consider and decide all the questions presented by the cross-appeals from the. judgment of the referee other than the one determined by the Court of Appeals. The opinion of the Court of Appeals • is reported in 168 New York, 542. The action was…
1Opinion of the Court
Ingraham, J.:
This case has been before this court on a former appeal, where the judgment appealed from was reversed and the complaint dismissed. The facts of the case are fully set forth in the former opinion (43 App. Div. 158). We were then of the opinion that the bank held the amounts due to the State under the contract of 1881; that a surety to secure the performance of the 1880 contract was not liable to contribution for a liability upon a bond given to secure the performance of the contract of 1881. Upon appeal to the Court of Appeals it was held that the contract and bond of 1881 did…
2Cases cited5 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- People v. . LeeNew York Court of Appeals · 1887
- Barnes v. . CushingNew York Court of Appeals · 1901
- Barnes v. CushingAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Yawger v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1918