Fernschild v. D. G. Yuengling Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from city court, of New York, general term. Action by William Fernchild against the D. G. Yuengling Brewing Company to recover a debt alleged to be due plain - tilf from D. G. Yuengling, Jr., Brewing Company. A judgment in favor of defendant was affirmed by the city court (38 N. Y. Supp. 119), and plaintiff appeals. Reversed. Argued before DALY,P. J., and McADAM and BISCITOFF, JJ.
1Opinion of the Court
B1SCHOFF, J.
This action was brought by the plaintiff to recover the amount of an indebtedness due him from the D. G. Yuengling, Jr., Brewing Company, payment of which he claimed to have been assumed by the defendant under an agreement with the first-named corporation. At the triai a verdict was rendered in favor of the defendant, and this appeal is taken from an affirmance by the general term below of the judgment thereupon entered. The indebtedness in question was the plaintiff's share in the deficiency remaining after foreclosure of a second mortgage upon the real *436estate and certain other…
2Cases cited2 opinions
- Riley v. BlackNew York Court of Common Pleas · 1892
- Schultz v. MeadNew York Supreme Court · 1890