Chester v. Broderick
New York Supreme Court
Appeal from judgment on report of referee. Action by Jane E. Chester and another against Lucy Broderick and EdwinH. Ellsworth, executors. From a judgment for plaintiffs, defendants appeal.
1Opinion of the CourtHardin, P. J.
Appellants’ testator executed an undertaking on appeal to the general term from a judgment of foreclosure and sale rendered in an action wherein Sarah Decker was plaintiff and Hattie Decker and others were defendants. The undertaking was executed by the deceased and oneSackett, as sureties, and it was given to stay proceedings on such an appeal, and was conditioned to pay any deiiciency that might arise upon the foreclosure sale in case the decree was affirmed by the general term or the appeal dismissed. The.judgment was affirmed by the general term, and thereupon the defendant Hattie Decker…
2Cases cited4 opinions
- Babbitt v. FinnSupreme Court of the United States · 1880
- Gardner v. BarneyNew York Supreme Court · 1863
- Humerton v. . HayNew York Court of Appeals · 1875
- Mackellar v. FarrellThe Superior Court of the City of New York and Buffalo · 1890