28 N.Y.S. 744 | City of New York Municipal Court | 1894
Appellant’s motion below was for a new trial on the ground of surprise and newly discovered evidence, and for permission to surrender one Harris, the person for whom he and his co-surety had become bail, and to serve an amended answer setting up such surrender in exoneration of bail, and that the plaintiffs had improperly caused the sheriff to return the executions issued against the property and body of such person under the judgment obtained by them for a debt fraudulently contracted by him and in which action the undertaking here sued iipon was executed by these defendants to secure the release from the custody of the sheriff of such person,
Order affirmed, with costs.
Ehrlich, Ch. J., and McCarthy, J., concur.
Order affirmed, with costs.