Tyng v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the' office' of the clerk of the county of New York on the 16th day. of April, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of April, 1901, denying the defendant’s motion for a new trial .made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action is on an .undertaking given on procuring a warrant of attachment. The action in which the attachment was issued was brought by James E. Kelly against Lucinda Baker, a non-resident, who, however, was served personally within the State. The complaint in that action alleged a cause of action on an agreement in writing, by which the defendant promised to pay to the plaintiff or to his order the sum of $2^500 the day after the will of Eliza Schneider, deceased, was admitted to probate and upon the plaintiff furnishing to the defendant a general release from J. Henry…
2Cases cited9 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Newton v. . RussellNew York Court of Appeals · 1882
- Northampton National Bank v. WylieNew York Supreme Court · 1889
- Youngs v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1900
- Youngs v. . McDonaldNew York Court of Appeals · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Moseley v. Fidelity & Deposit Co.Idaho Supreme Court · 1920
- St. Joseph Stock Yards Co. v. LoveUtah Supreme Court · 1921
- Olsen v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1920
- A. C. Israel Commodity Co. v. Banco Do Brasil, S. A.New York Supreme Court · 1966
- Lurman v. JarvieAppellate Division of the Supreme Court of the State of New York · 1903
6 more not listed; retrieve them via the Exa API.