Gamble v. Cuneo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Gamble, from a judgment of the Supreme Court in favor of the defendant Nicholas Cuneo, entered in the office of the clerk of the county of New York- on the 9th day of April, 1897, upon the dismissal of the complaint directed by the court after a trial at the New York Trial Term.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover upon a contract of indemnity, made by Cuneo • and another person to the plaintiff, to save him harmless from any damages which he should suffer by reason of his continuance as one of the sureties in an undertaking upon appeal. No testimony was given on the part of the defendant, and the case stands solely upon that offered by the plaintiff. At the close of the case the complaint was dismissed. The facts are, that on the 6th day of May, 1895, one Wiley recovered in this court a judgment against the defendant Goodsell, from which Goodsell wished to…
2Cases cited3 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Gates v. . McKeeNew York Court of Appeals · 1855
- Crist v. BurlingameNew York Supreme Court · 1862
3Cited by18 opinions
- Sachs v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Zipp v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Zipp v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1902
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
- Daly v. OldUtah Supreme Court · 1909
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