Schultz v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The United States Fidelity and Guaranty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of May, 1908, upon the decision of thé court rendered after a trial at the Kings County Trial Term, a jury having been waived, and also from an order entered in said clerk’s office on the 21st day of November, 1908, denying the defendant’s motion for a new trial made…
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Appeal by the defendant, The United States Fidelity and Guaranty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of May, 1908, upon the decision of thé court rendered after a trial at the Kings County Trial Term, a jury having been waived, and also from an order entered in said clerk’s office on the 21st day of November, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The action is on an undertaking on appeal executed by the defendant in an action by this plaintiff against the Greenwood Cemetery and Smith for a false arrest and a malicious prosecution. In that action the said defendants answered separately by separate attorneys, and judgment was recovered for §4,000 against both defendants, who thereupon appealed to this court and gave the undertaking in question. The judgment was affirmed unanimously by us * The defendant the Greenwood Cemetery moved for leave to appeal to the Court of Appeals, which was denied, but a judge of that court allowed…
2Cases cited8 opinions
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Woodhull v. . the Mayor, Etc.New York Court of Appeals · 1896
- McIntosh v. . EnsignNew York Court of Appeals · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schultz v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1909