In re Piza
Appellate Division of the Supreme Court of the State of New York
Appeal by David W. O’Neil from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February, 1896, granting the petition of Joshua S. Piza, as administrator, etc., of Rachel S. Piza, deceased, to sue him upon a certain bond executed by him.
1Opinion of the Court
Barrett, J.:
The order appealed from grants the petitioner, Joshua S. Piza, applying as administrator of Rachel S. Piza, deceased, leave to sue David "W. O’Neil to recover the amount due upon a bond executed by him.
O’Neil executed a bond and mortgage to the petitioner individually on January 4, 1889. They were for $25,000, and fell due *183January 4, 1892, prior to which time they were assigned to the decedent. In December, 1890, O’Neil sold the mortgaged premises to one Steers, who took subject to the mortgage, but did not covenant to pay it. On January 4, 1892, the decedent entered into a…
2Cases cited2 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Murray v. . MarshallNew York Court of Appeals · 1884
3Cited by7 opinions
- Alropa Corp. v. SnyderSupreme Court of Georgia · 1936
- Feigenbaum v. HizsnayAppellate Division of the Supreme Court of the State of New York · 1919
- Adler v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1930
- Wiener v. BoehmAppellate Division of the Supreme Court of the State of New York · 1908
- Neukirch v. McHughAppellate Division of the Supreme Court of the State of New York · 1914
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