Legal Opinion

Tyng v. American Surety Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1900PublishedCited by 9 opinions

Appeal by the plaintiff, Thomas Tyng, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of November, 1899, upon the dismissal of his complaint by direction of the court after a trial before the court and a jury at the New York Trial Term.

1Opinion of the Court

Patterson, J.:

This action was brought to recover upon an undertaking, executed by the defendant herein and given to procure’ an attachment against the property of one Lucinda Baker, in a suit brought against her iii the Supreme Court of the State of New York by one James E. Kelly. The defendant in that suit was a non-resident of the State. The undertaking provided that if the defendant (Baker) *241“recover judgment in this action, or if the warrant of attachment is vacated, the plaintiff will pay all costs which may be awarded to the defendant, and all damages which the defendant may sustain by…

2Cases cited1 opinion

  1. Kelly v. BakerAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by9 opinions

  1. Tyng v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Balinsky v. GrossAppellate Terms of the Supreme Court of New York · 1911
  3. Cook v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. Ives v. EllisNew York Supreme Court · 1901
  5. Java Cocoanut Oil Co. v. Fidelity & Deposit Co.Court of Appeals for the Ninth Circuit · 1924

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