Bennett v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Cordon Bennett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of January, 1902, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived.
1Opinion of the Court
Patterson, J.:
The plaintiff sued upon an undertaking given on an appeal to the Court of Appeals. It was executed in an action brought by one George Garby against James Gordon Bennett. Garby had obtained a judgment against Bennett, who moved for a new trial of the action in which it was entered, which motion was denied, but on appeal to the Appellate Division in the second department the order denying the motion for a new trial as well as the judgment against the defendant Bennett were reversed and a new trial was granted, with costs to abide the event. Thereafter Garby appealed to the Court…
2Cases cited1 opinion
- Post v. . DoremusNew York Court of Appeals · 1875
3Cited by3 opinions
- Erdle v. BassettNew York Supreme Court · 1916
- Kmetz v. DeRondeAppellate Division of the Supreme Court of the State of New York · 1920
- Feuer Holding Corp. v. Capital City Surety Co.City of New York Municipal Court · 1924