Dwyer v. Rorke — 44 N.Y.S. 1116

Majority

p. 1116

DWYER, Plaintiff, v. RORKE, Defendant.

(Supreme Court, Appellate Division, First Department.

March 5, 1897.)

Headnote

Action by Thomas N. Dwyer against James Rorke.

G. Putnam Smith, for plaintiff.

G. A. Strong, for defendant.

No opinion. Motion granted, unless the plaintiff, within 10 days after notice of the entry of the order hereon, shall give a bond, with two sureties, in the penalty of $15,000, conditioned to pay to the defendant the whole or such part of the sum of $10,000 received by the plaintiff from the Central Trust Company, with interest thereon from the time of such receipt, as the defendant shall be finally adjudged to be entitled to. See 40 N. Y. Supp. 934 ; 41 N. Y. Supp. 721 , 1114.