Dunn v. National Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York county. Action by Thomas J. Dunn against the National Surety Company on a sheriffs indemnity bond. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtMcLAUGHLIN, J.
On or prior to December, 1898, judgments had been recovered in the county of New York against Moses Levy and Jennie Levy, and executions had been issued thereon. To indemnify the sheriff, to whom the executions had been delivered, against any damage or loss which he might sustain by reason of levies made or sales had under the executions, two bonds were given *745by the judgment creditors, with the defendant in this action as surety. In pursuance of the executions, the sheriff, through one of his deputies, levied upon, took into his possession, and thereafter sold a quantity of ready-made…
2Cases cited4 opinions
- Conner v. . ReevesNew York Court of Appeals · 1886
- Long v. American Surety Co.New York Court of Appeals · 1895
- Levy v. . DunnNew York Court of Appeals · 1899
- Levy v. DunnAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Northern Ins. v. WoodNew York Supreme Court · 1909