Charles A. Hinckley, Respondent v. William Kreitz, Appellants

Summary

The New York Court of Appeals held that sureties who executed an undertaking for an appeal to the General Term are not liable for the costs of a subsequent appeal to the Court of Appeals, and that the release of the later sureties on the appeal to the Court of Appeals discharged the earlier sureties from liability under the original undertaking. The Court reversed the lower court's judgment and ordered a new trial.