Hallen v. Jones — 48 N.Y. St. Rep. 937

Majority

p. 937

James D. Hallen, Resp’t, v. Wm. G. Jones et al., App’lts.

Headnote

Appeal from judgment in favor of plaintiff.

J. E. Berry, for app’lts; J. D. Hallen, for resp’t.

This is an action brought against the principal and sureties m an undertaking given on an order of arrest obtained in an action in the supreme court.

The following admissions explain the case.

It is admitted that an action was brought against the plaintiff in this action by William G. Jones, in the supreme court, and that an undertaking was given in that action to obtain an order of arrest, which undertaking was signed by Josephine S. Jones and Frederick W. Klein. And it is admitted that the

p. 938

undertaking bears date December 5, 1891, and was given in an action wherein William G. Jones was plaintiff and Henry Halsey and James D. Hallen were defendants.

It is further admitted that the defendants, Josephine S. Jones and Frederick W. Klein, were sureties in the action, and said Henry Halsey and James D. Hallen, the plaintiff, were arrested and held in bail.

It is further admitted that on the 18th day of May, 1892, on the application of the plaintiff, and the consent of Messrs. Cantor, Linson & Van Schaick, plaintiff’s attorneys in said suit, the order was vacated.

It is also admitted that the plaintiff in this action paid two hundred and fifty dollars (§250.00), counsel fees and in obtaining sureties to obtain his release from arrest.

I have examined all the cases referred to by the appellants’ counsel and do not find them bear out his contentions.

Ho error was committed by the trial justice and a verdict was properly directed for the plaintiff.

Judgment should be affirmed, with costs.

Van Wyck, J., concurs.