Frank v. Forgotson
City of New York Municipal Court
Appeal from an interlocutory judgment overruling the demurrer of the defendant Etta Forgotson to the complaint and rendering judgment against her, as prayed for in the complaint. The action was brought upon a bond in order to recover the value of a liquor tax certificate, which the defendant, as alleged, had neglected and refused to deliver.
1Opinion of the Court
Schuchman, J.:
The complaint alleges a cause of action to recover $460.66 and interest from October 1, 1897, upon a bond made by both defendants to plaintiff, dated September 15, 1897. The condition of the bond is as follows: “ Now, the condition of this obligation is such that if the above named Marks L. Frank shall lose any sum or sums of money by reason of the title to certain goods and chattels vested in him by a certain delivery thereof, and a bill of sale executed simultaneously therewith on the 15th day of September, 1897, by John S. Forgotson, one of the parties to these presents, up…
2Cases cited4 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Scranton v. . ClarkNew York Court of Appeals · 1868
- In re HilliardAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Nationwide Mutual Insurance Company v. HayesSupreme Court of North Carolina · 1970
- United States v. ArsenaultDistrict Court, N.D. New York · 1990