Foley v. Stone
New York Supreme Court
Appeal from special term, New York county. Emma Foley brought an action against Alfred G. Stone, who was arrested upon the giving of an undertaking with worthless sureties. Her attorney, W. Duryee Hughes, now appeals from an order punishing him, the plaintiff, and the sureties for contempt in procuring the acceptance of such undertaking, and imposing a fine for the amount of a judgment recovered thereon, or imprisonment. For former report, see 3 H. Y. Supp. 288.
1Opinion of the CourtBrady, J.
On the 6th of September, 1887, the above-named defendant and respondent, Stone, was arrested in this action, in which the appellant, Hughes, appeared as attorney for the plaintiff. The action was brought to recover damages for an assult, and William H. Ottman and Charles A. Bergemann were the sureties in the undertaking upon which the order of arrest was obtained ; and they justified, the former as a householder, and the latter as a freeholder. The summons issued was set aside for irregularity, and subsequently an action was brought on the undertaking, and a judgment by default recovered…
2Cited by2 opinions
- Lawrence v. HarringtonNew York Supreme Court · 1892
- In re HopperNew York Court of Common Pleas · 1894