Humerton v. . Hay
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought upon an undertaking executed by defendant on appeal by one William Ballard, from a judgment rendered against him in Justice’s Court, in an action wherein plaintiff herein was plaintiff, and the said Ballard was defendant.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought upon an undertaking executed by defendant on appeal by one William Ballard, from a judgment rendered against him in Justice’s Court, in an action wherein plaintiff herein was plaintiff, and the said Ballard was defendant. The undertaking, after reciting the judgment, was as follows: “Now, therefore, I, Van Bensselaer Hay, do hereby undertake that if judgment be rendered…
1Opinion of the Court
The undertaking of the defendant was that if, on the appeal of Ballard to the Cortland County Court from the judgment rendered against him by the Justice's Court "judgment be rendered against the said appellant on said appeal, and execution thereon be returned unsatisfied in whole or in part, I will pay the amount unsatisfied." This was the undertaking required by statute to be given on such an appeal, and adding the words "on said appeal" to the words "judgment be rendered against said appellant" was nothing more than the statute plainly implied, for it was only the judgment which should be…
2Cases cited3 opinions
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Smith v. CrouseNew York Supreme Court · 1857
- Gardner v. BarneyNew York Supreme Court · 1863
3Cited by8 opinions
- Burns v. HowardNew York Supreme Court · 1881
- Culver v. Fidelity & Deposit Co.Michigan Supreme Court · 1907
- Mackellar v. FarrellThe Superior Court of the City of New York and Buffalo · 1890
- Anderson v. MessengerDistrict Court, N.D. Ohio · 1913
- Janeway v. HaftSuperior Court of Buffalo · 1892
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