Deobold v. . Oppermann
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The plaintiff must show, to entitle him to a verdict in this action, that in a subsequent proceeding to which the defendants were parties, the liability of the defendants on the bond was restored. (Browning v. Vanderhofer, 4 Abb.…
1Opinion of the Court
Ruger, Ch. J.
This action was brought by the plaintiff as executor of the estate of his mother, Maria Deobold, to recover from the defendants as sureties upon the bond of Louisa Deobold, given upon her appointment as administratrix of the estate of her husband Henry Deobold, a sum of money ordered by the surrogate to be paid to Maria Deobold, as mother and next of kin to the intestate, but which the administratrix refused or neglected to pay. The trial court directed a verdict for the plaintiff, and the judgment entered thereon was affirmed upon appeal. The Supreme Court having granted leave…
2Cases cited10 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Sandford v. HandyNew York Supreme Court · 1840
- Field v. SchieffelinNew York Court of Chancery · 1823
- Spraights v. . HawleyNew York Court of Appeals · 1868
- Scofield v. . ChurchillNew York Court of Appeals · 1878
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