Robinson v. Plimpton
New York Court of Appeals
Appeal from the Superior Court of the city of Buffalo. The defendants demurred to the plaintiff’s complaint, upon an undertaking given under the 335th section of the Code, on appeal by one of the stockholders of the bank, to the general term of the Supreme Court, from an order of the special term, confirming the report of a referee apportioning the debts of the bank among the stockholders, and rendering judgment against the appellant for his share of such debts.
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Appeal from the Superior Court of the city of Buffalo. The defendants demurred to the plaintiff’s complaint, upon an undertaking given under the 335th section of the Code, on appeal by one of the stockholders of the bank, to the general term of the Supreme Court, from an order of the special term, confirming the report of a referee apportioning the debts of the bank among the stockholders, and rendering judgment against the appellant for his share of such debts. The undertaking was in accordance with the statute, and provided that, if the judgment appealed from or any part of it should be…
1Opinion of the CourtAllen, J.
The appellant, for whom, the defendants were sureties, had the benefit of his appeal and of the stay of proceedings upon the judgment appealed from, as the result and in consequence of the undertaking in suit; and the question now is, whether the erroneous judgment of the Supreme Court, reversing the judgment appealed from, worked a release of the sureties, notwithstanding the error was corrected upon appeal to this court, and the original judgment ultimately affirmed. The undertaking was in the form prescribed by the Code (§§ 335, 348); and by it the defendants undertook that, if the j…
2Cases cited6 opinions
- Traver v. NicholsNew York Supreme Court · 1831
- Ball v. GardnerNew York Supreme Court · 1839
- Bennett v. . BrownNew York Court of Appeals · 1859
- Smith v. CrouseNew York Supreme Court · 1857
- Hosack v. RogersNew York Court of Chancery · 1838
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