Allaire v. Kalfon
Appellate Division of the Supreme Court of the State of New York
Appeal by the; defendants, Moses Iialfon and Marcus Nalion, from an interlocutory judgment of the Supreme Court in favor of the ¡plaintiffs, entered in the office of the clerk of the county of Kings on the 15th day of March, 1891, upon the decision of the .court rendered after a trial at the Kings County Special Term overruling their demurrer to the complaint.
1Opinion of the Court
Willard Bartlett, J.:
The appellants are sued upon an undertaking which they gave in order that the respondents might be arrested in a civil action for libel, brought against them in the City Court of Kew York by one Bernard Kreizer. Thereby the sureties did " jointly and severally undertake that if the defendants in the said action do recover judgment therein, or if it is finally decided that the plaintiff, is not entitled-to the order of arrpst, the said plaintiff in said action will pay all costs which may be awarded to thé said defendants, and all damages which they may sustain by reason…
2Cases cited3 opinions
- Schuyler v. EnglertNew York Court of Common Pleas · 1882
- Squire v. McDonaldNew York Court of Common Pleas · 1893
- Kreizer v. AllaireCity of New York Municipal Court · 1895
3Cited by1 opinion
- Krause v. RutherfordNew York Supreme Court · 1902