Legal Opinion

Johnson v. . Harvey

New York Court of Appeals

Decided March 1, 1881PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Supreme Court, in tlie fourth judicial department, entered upon-an order made October 5, 1880, which affirmed an order of Special Term overruling defendant’s exceptions' to the report of a referee, to whom a claim against the estate of John G. Allen, defendant’s intestate, was referred under the statute, and confirming said report. The nature of the claim and the facts appear sufficiently in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in tlie fourth judicial department, entered upon-an order made October 5, 1880, which affirmed an order of Special Term overruling defendant’s exceptions' to the report of a referee, to whom a claim against the estate of John G. Allen, defendant’s intestate, was referred under the statute, and confirming said report. The nature of the claim and the facts appear sufficiently in the opinion. The referee erred in finding that the estate of defendant’s intestate was liable to contribute to the plaintiff. (Cornes v. Wilkins, 79 N. Y.…

1Opinion of the CourtFinch, J.

The plaintiff and the defendant’s intestate, in th’e life-time of the latter, were joint sureties in an undertaking given in an action for the claim and delivery of personal prop erty, in which action one Parshall was plaintiff, and the sheriff of Erie county defendant. Neither of the sureties were parties to that action, but executed the undertaking for the accommodation of the sheriff, or those claiming through him. Before a trial of that litigation one surety, John Gr. Allen, died, and the present defendant was duly appointed his administrator, and thereafter judgment was obtained in the…

2Cases cited3 opinions

  1. Norton v. CoonsNew York Supreme Court · 1846
  2. Bradley v. BurwellNew York Supreme Court · 1846
  3. Tobias v. . RogersNew York Court of Appeals · 1855

3Cited by5 opinions

  1. Blum v. Good Humor Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  2. Fischer v. GaitherOregon Supreme Court · 1898
  3. Hard v. MingleAppellate Division of the Supreme Court of the State of New York · 1910
  4. Bryant v. WoodsTennessee Supreme Court · 1883
  5. Smith v. KibbeNew York Supreme Court · 1884

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