Seymour v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made October 4,1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts are sufficiently stated in the opinion. Beed was the real party in interest, the absolute and exclusive owner, and, as such, could have sued in his own name or in the name of his agent. (Code, § 449; 6 How.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made October 4,1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts are sufficiently stated in the opinion. Beed was the real party in interest, the absolute and exclusive owner, and, as such, could have sued in his own name or in the name of his agent. (Code, § 449; 6 How. Pr. 471-474 ; 13 Kan. 567; 2 Sandf. .708; Calvert on Parties, 218.) Where a bond or judgment is assigned in trust, the donee…
1Opinion of the CourtHaight, J.
This action was brought upon an undertaking executed by the defendants to enable one Patrick Lynch to appeal to the General Term of the Supreme Court from a judgment entered against him in favor of one Daniel Sourwine.
It appears that Daniel Sourwine obtained a judgment in the Supreme Court for $577.47 against one Patrick Lynch, from which an appeal was taken to the General Term ; that upon such appeal the defendants executed an undertaking, conditioned that if the judgment appealed from, or any part thereof was affirmed, or the appeal dismissed, that they would pay the sum recovered or ■…
2Cases cited2 opinions
- Brewster v. . CarnesNew York Court of Appeals · 1886
- Hill v. . BurkeNew York Court of Appeals · 1875
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- Merchants' Banking Co. v. Cargo of the AftonCourt of Appeals for the Second Circuit · 1904
- Wood v. Gulf States Capital CorporationMississippi Supreme Court · 1968
- North Georgia Milling Co. v. Henderson Elevator Co.Supreme Court of Georgia · 1908
- Walrath v. AbbottNew York Supreme Court · 1894
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