De Sisto v. Stimmel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Antonio De Sisto, from an order of the Supreme Court, made at the New York Appellate Term and entered in the office of the clerk of the county of New York on the 20th day of June, 1900, reversing a judgment in favor of the plaintiff rendered by the Municipal Court of the city of New York, borough of Manhattan, second district, and directing a new trial.
1Opinion of the Court
Patterson, J.:
The action was brought against John Stimmel, surety upon the official bond of Henry Lowey, a marshal of the city of. New York, the condition of the bond being “ that if the said Henry Lowey shall well and faithfully execute the duties of said office of marshal, without fraud, deceit or oppression, the above obligation shall be void; otherwise shall remain in full force and virtue.” Henry Lowey, marshal, made a levy upon personal property under an execution issued upon a judgment obtained by this plaintiff against one Fortunato. After that levy was made, the plaintiff deposited…
2Cited by5 opinions
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- Fohs v. RainNew York Supreme Court · 1902
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942