Legal Opinion

In re Sheppard

New York Supreme Court

Decided January 15, 1901PublishedCited by 2 opinions

Application for an order, punishing Henry S. Bergman as for a contempt of court, for the making of a false affidavit as to his sufficiency as a surety upon a bond given to discharge a mechanic’s lien.

1Opinion of the CourtLeventritt, J.

Motion to punish for contempt. The defendant Bergman was one of two sureties on a bond to discharge a mechanic’s lien, filed by the petitioners. Justifying as a surety on the 5th day of October, 1898, he made oath that he was a freeholder within the State and worth $1,600 over and above all his debts and liabilities. Subsequently an action was brought to foreclose the lien; answers were interposed by Bergman and his cosurety. Judgment, after a trial, was entered in favor of the plaintiffs on October 3, 1900, for $831.38, damages and costs; execution was issued against the property of all the…

2Cases cited4 opinions

  1. McRoberts v. . BergmanNew York Court of Appeals · 1892
  2. In re Hay Foundry & Iron WorksAppellate Division of the Supreme Court of the State of New York · 1897
  3. In re HopperNew York Court of Common Pleas · 1894
  4. Simon v. Aldine Publishing Co.New York Court of Common Pleas · 1887

3Cited by2 opinions

  1. Dollard v. KoronskyNew York Supreme Court · 1910
  2. Dollard v. KoronskyAppellate Terms of the Supreme Court of New York · 1910

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