Tibbles v. O'Connor

New York Supreme Court

Tibbles v. O'Connor

28 Barb. 538, 1858 N.Y. App. Div. LEXIS 98

CourtNew York Supreme Court

DecidedSeptember 6, 1858

StatusPublished

Cited by10 cases

This text of 28 Barb. 538 (Tibbles v. O'Connor) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tibbles v. O'Connor, 28 Barb. 538, 1858 N.Y. App. Div. LEXIS 98 (N.Y. Super. Ct. 1858).

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Opinion

By the Court, Welles, J.

This is a clear case for the plaintiffs. The undertaking of the defendant provided, among other things, for the payment to the plaintiffs in this action of such sum as might for any cause be recovered against the plaintiff in that action. The 209th section of the code required that the undertaking should contain that provision. These plaintiffs have recovered these two sums in that action. They are clearly within the undertaking and the statute. It seems to me that there is no ground for the objections of the defendant.

The judgment must, therefore, be affirmed.

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By the Court, Welles, J.

This is a clear case for the plaintiffs. The undertaking of the defendant provided, among other things, for the payment to the plaintiffs in this action of such sum as might for any cause be recovered against the plaintiff in that action. The 209th section of the code required that the undertaking should contain that provision. These plaintiffs have recovered these two sums in that action. They are clearly within the undertaking and the statute. It seems to me that there is no ground for the objections of the defendant.

The judgment must, therefore, be affirmed.

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Bluebook (online)

28 Barb. 538, 1858 N.Y. App. Div. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tibbles-v-oconnor-nysupct-1858.

Opinion

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