Cohen v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Qnintns Colien, as trustee, etc., from a judgment of.the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of December,- 1907, upon the decision of the court, rendered after a trial at'tlie New York Special Term,-sustaining tlie defendant’s demurrer to the complaint.
1Opinion of the Court
Clarke, J.:. This is ,an appeal.from a final judgment'sustaining defendant’s demurrer and dismissing the complaint, with costs.’
The action was brought by plaintiff, as trustee in. bankruptcy of John T. Lee, to recover from defendant as surety on the bond of' George Buckmaster, as assignee under a. general assignment for the benefit of creditors of. .said Lee, $4^3.66,64;, with interest,, beiiig. the-amount of a judgment recovered by plaintiff against said Buck-, master, as such assignee,- founded upon a final, order or'judgment, in accounting proceedings, instituted by said Buckmaster in the…
2Cases cited7 opinions
- Randolph v. ScruggsSupreme Court of the United States · 1903
- Ward v. . PetrieNew York Court of Appeals · 1898
- Ullman v. . CameronNew York Court of Appeals · 1906
- People of the State of N.Y. v. . ChalmersNew York Court of Appeals · 1875
- Doon v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1905
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3Cited by5 opinions
- Hastings v. H. M. Byllesby & Co.New York Court of Appeals · 1941
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Rinehart v. Hasco Building Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Rothwell v. KnightWyoming Supreme Court · 1927
- Leavitt v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1911