Sachs v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, the American Surety Company of New York, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury rendered by direction of the court after a' trial at the New York Trial Term.
1Opinion of the Court
Hatch, J. :
This action was brought to recover the sum of $25,000 and interest, the amount of a bond duly executed by the defendant and one Lewis Hay, against whom the complaint was dismissed, it appearing that he had become a bankrupt since the commencement of this action.
There are practically no disputed questions of fact, defendant calling no witnesses. The bond in suit arose out of a contract of sale entered into between the parties on July 1, 1897, by the terms of which plaintiffs agreed to sell and Hay to buy certain premisés situated on Broadway, in the city of New York. The purchase…
2Cases cited7 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Sloan v. . BairdNew York Court of Appeals · 1900
- Gamble v. CuneoAppellate Division of the Supreme Court of the State of New York · 1897
- Gamble v. . CuneoNew York Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Southland Life Ins. Co. v. StewartCourt of Appeals of Texas · 1919
- Westcott v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1903
- People v. Stuyvesant InsuranceNew York Supreme Court · 1979
- People v. Public Service Mutual InsuranceNew York Supreme Court · 1963
- People v. TornAppellate Division of the Supreme Court of the State of New York · 1906
12 more not listed; retrieve them via the Exa API.