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Keywords

plaintiffdefendantdamagesliabilityappealwill
tortplaintiffdefendantappealappellant

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Schultz v. United States Fidelity & Guaranty Co., 201 N.Y. 230, 94 N.E. 601

Facts

Mary A. Schultz was wrongfully arrested and maliciously prosecuted by William Smith, a special police officer employed by Greenwood Cemetery, for picking flowers in cemetery lots. After a jury found in favor of Schultz, both Smith and the Cemetery were held jointly and severally liable for the damages. The Cemetery appealed the judgment, which was later reversed by a higher court, but Schultz sought to enforce the judgment against Smith's surety, the United States Fidelity & Guaranty Company, for the damages awarded.

Smith was a special police officer of the city of New York, and was in the employment of the Cemetery. He was instructed, among other things, to arrest persons for picking flowers in cemetery lots, and he had arrested and prosecuted the plaintiff for that offense; but the case against her was dismissed.

Issue

Did the reversal of the judgment against the Greenwood Cemetery discharge the United States Fidelity & Guaranty Company from its obligation as surety for William Smith?

The contention of the appellant is quite unsound, in the proposition that the reversal by this court of the judgment in the other action, upon the Cemetery's appeal, annulled it as to the non-appealing defendant as well and, therefore, that the obligation of this appellant, as surety, was wholly discharged.

Rule

The court held that a judgment can be both joint and several, allowing a plaintiff to enforce it against one or more defendants independently, regardless of the outcome of appeals by other defendants.

The action being in tort, the plaintiff was at liberty to proceed against one, or both, of the wrongdoers.

Analysis

The court reasoned that the judgment against Smith and the Cemetery was not entirely annulled by the Cemetery's appeal. Since the liability of Smith was independent, the surety remained liable for the judgment against him, even after the Cemetery's appeal resulted in a reversal. The court emphasized that the nature of the liability was such that the plaintiff could pursue enforcement against either defendant or their surety.

The defendant Smith had submitted to the judgment, in fact as in legal contemplation, and the plaintiff could enforce it, being joint and several, against him, or against his surety in the undertaking on his appeal.

Conclusion

The court affirmed the judgment against the United States Fidelity & Guaranty Company, holding that it remained liable for the damages awarded to Schultz.

The judgment should be affirmed.

Who won?

Mary A. Schultz prevailed in the case because the court upheld the judgment against the surety, confirming her right to enforce the judgment for damages.

We think the judgment below was right.

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