Legal Opinion

Caponigri v. Cooper

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1902PublishedCited by 4 opinions

Appeal by the defendant, Henry G. Cooper, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 24th day of June, 1901, upon the decision of the court rendered after a trial before the court without a jury at the Hew York Trial Term, a jury having been waived.

1Opinion of the Court

Laughlin, J.:

This is an action on a common-law undertaking given by Pasquale Altieri and Pietro Altieri, on opening a judgment which had been taken against them by defa~ilt in the City Court of the city of New Xork, in an action whereiii the respondent was plaintiff and they were defendants. There were two actions pending and two judgments by default, both of which were vacated on the same conditions, but only one of the undertakings is involved here. The order opening the default granted the motion upon condition, among oth~rs, that the defendants "give to the plaintiff an undertaking in…

2Cited by4 opinions

  1. Halliburton v. Illinois Life Ins. Co.Supreme Court of Oklahoma · 1935
  2. Fuller Buggy Co. v. CudneyNew York Supreme Court · 1906
  3. Hamburger v. FrySupreme Court of Oklahoma · 1958
  4. Hamburger v. FrySupreme Court of Oklahoma · 1958

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