Winchester v. Browne

8 N.Y.S. 82, 27 N.Y. St. Rep. 361, 54 Hun 636, 1889 N.Y. Misc. LEXIS 2180

Opinion

Van Brunt, P. J.

The appeal taken herein is entirely without merit. The order of the general term, entered upon the appeal from the sufficiency of the surety upon the undertaking for costs offered by the plaintiff, clearly allowed the deposit of the money, instead of giving a new undertaking. The order appealed from should be affirmed, with $10 costs and disbursements. All concur.