Thomson v. Sanders
New York Court of Appeals
Appeal from judgment of general term of the supreme court, affirming a judgment in favor of plaintiff entered upon a verdict. The facts out of which this action arose are, that in 1872 Levi P. Wagner recovered in the court of common pleas of Charleston county, state of South Carolina, a judgment against the plaintiff and two other persons for upwards of $4,000, of which judgment the defendant herein was the beneficial owner, although he had not the legal title.
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Appeal from judgment of general term of the supreme court, affirming a judgment in favor of plaintiff entered upon a verdict. The facts out of which this action arose are, that in 1872 Levi P. Wagner recovered in the court of common pleas of Charleston county, state of South Carolina, a judgment against the plaintiff and two other persons for upwards of $4,000, of which judgment the defendant herein was the beneficial owner, although he had not the legal title. In August following, an action was brought in the name of Wagner, upon such judgment, in the supreme court of the state of New York,…
1Opinion of the CourtBradley, J.
It is contended on the part of the defendant that the purpose of the bond made by him to the plaintiff was merely to indemnify the latter against any ■claim which might be made by Wagner, and the costs and damages resulting to him from the assertions or prosecution ■of any claim made by Wagner upon the South Carolina judgment, and that it is entitled to such construction, and therefore the bond cannot support an action to recover the costs or expenses incurred by the plaintiff in defence of the action brought against him by the defendant.
The terms of that instrument do not seem to so limit…
2Cases cited36 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
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