Ostrander v. . Weber
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 3, 1887, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 3, 1887, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defect of parties is fatal to the judgment, and the objection is one in which the court itself is bound to take.' (Sturtevant v. Brewer, 17 How. Pr. 571; Shaver v. Brainard, 29 Barb. 25; Osterhout v. Supervisors, 98 N. Y. 239, 242, 243, 244.) It was necessary…
1Opinion of the CourtPotter, J.
This is an action in equity, brought by the holder of one chattel mortgage, covering a portion of the furniture and fixtures used in a hotel known as the Mansion House, in the city of Kingston, executed to one John D. Sleight, by the then owners of said property and proprietors of said hotel, Emma Brigham and Daniel O’Connell, to secure said Sleight on account of his liability as indorser upon certain notes made by said Brigham and O’Connell, and in respect to which notes the makers had made default in payment, and one of which said plaintiff, as a second indorser to 'Sleight, had paid before…
2Cases cited9 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Charter v. StevensNew York Supreme Court · 1846
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- People v. Lexington Sixty-First AssociatesNew York Court of Appeals · 1976
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
- Empire Engineering Corp. v. . MackNew York Court of Appeals · 1916
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