Thomson v. . MacGregor
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Reported below, 13 J. & S. 197.) This action was brought against defendant as surety on a bond given by Charles B. Biker as receiver.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Reported below, 13 J. & S. 197.) This action was brought against defendant as surety on a bond given by Charles B. Biker as receiver. In an action between copartners, said Biker was on July 7 appointed receiver of the partnership property, and as the complaint alleged, and was not denied in the answer, on that day “ entered upon the discharge of that trust.” On January 20, 1875, an order was…
1Opinion of the CourtFinch, J.
This case involves but the single question whether the order made December 28, 1877, by the Eew York Common Pleas, at the close of the accounting of Biker as receiver, requiring him to pay over to his successor, the present plaintiff, the sum of $2,099.27, with interest, as the balance in his hands, was conclusive upon the defendant, who was surety in Biker’s bond, but who was not a party to the accounting and had no knowledge that it was pending.
The condition of the bond was, “ if the said Charles B. Biker shall henceforth faithfully discharge the duties of his trust,” and the instrument was…
2Cases cited6 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- Scofield v. . ChurchillNew York Court of Appeals · 1878
- U. States v. Giles & OthersSupreme Court of the United States · 1815
- Baggott v. BoulgerThe Superior Court of New York City · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sears, Roebuck & Co. v. 9 Avenue-31 Street Corp.New York Court of Appeals · 1937
- Greer v. McNealSupreme Court of Oklahoma · 1902
- Lesster v. Lawyers' Surety Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Thomson v. . American Surety Co.New York Court of Appeals · 1902
- Coe v. PattersonAppellate Division of the Supreme Court of the State of New York · 1907
11 more not listed; retrieve them via the Exa API.