Olcott v. Kohlsaat
New York Supreme Court
Appeal from special term, New York county. Action by Frederic P. Olcott, as receiver of the Wall Street Bank, against John W. Kohlsaat, Sarah J. Kohlsaat, his wife, and the mayor, aldermen, and commonalty of the city of New York. Judgment was entered against John W. Kohlsaat, and subsequently an order was made vacating such judgment.
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Appeal from special term, New York county. Action by Frederic P. Olcott, as receiver of the Wall Street Bank, against John W. Kohlsaat, Sarah J. Kohlsaat, his wife, and the mayor, aldermen, and commonalty of the city of New York. Judgment was entered against John W. Kohlsaat, and subsequently an order was made vacating such judgment. Plaintiff appeals from the order vacating and setting aside so much of the judgment in this action as adjudged that the defendant John W. Kohlsaat is indebted to the plaintiff, upon the nóte mentioned in the complaint-, in the sum of $4,000, with interest thereon…
1Opinion of the CourtDaniels, J.
This portion of the judgment was vacated and set aside for the reason that it was not included in the demand contained in the complaint, and the defendant affected by it had not answered, but made default. The demand for judgment contained in the complaint was: “Wherefore, the plaintiff demands judgment—(1) That the defendants Sarah J. Kohlsaat and John W. Kohlsaat, and all persons claiming under them, or either of them, be barred and foreclosed of all right, claim, equity of redemption, or other interest in the said bond; (2) that the defendants the mayor, aldermen, and commonalty of the…
2Cases cited6 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Cagger v. . LansingNew York Court of Appeals · 1876
- De Lavallette v. . WendtNew York Court of Appeals · 1879
- People Ex Rel. Oswald v. . GoffNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Faucett v. RiverollCalifornia Supreme Court · 1928