Milk v. Waite
New York Supreme Court
I. Special Term, March, 1886. Trial of demurrer. Garret Milk brought this action against Benjamin Waite and Jdarrisen Judd, to foreclose a mortgage upon certain real estate executed by Waite to plaintiff and defendant Judd.
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I. Special Term, March, 1886. Trial of demurrer. Garret Milk brought this action against Benjamin Waite and Jdarrisen Judd, to foreclose a mortgage upon certain real estate executed by Waite to plaintiff and defendant Judd. The following facts appeared in the complaint: In an action commenced October 19,1877, in the Supreme Court of Cattaraugus county by one Pritchard against said Waite, an order of arrest was issued and delivered to the sheriff of that county by the terms of which he was commanded to arrest Waite, and hold him to bail in the sum of three thousand dollars. Under such order,…
1Opinion of the CourtChilds, J.
The undertaking executed by Waite and his sureties required the defendant Waite to at all times render himself amenable to any mandate which might be issued to enforce a final judgment against him in the action, or any mandate of the court, during the pendency of the action. When Waite, with the intent not to render himself amenable to such mandate of the court, but with intent to avoid the same, absconded from this State and kept himself secreted beyond the jurisdiction of the court, he was guilty of such a breach of the condition of the undertaking as fixed the liability of the plaintiff…
2Cited by1 opinion
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