Fliess v. . Buckley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made Hay 10, 1881, which affirmed a judgment entered upon an order sustaining a demurrer to plaintiffs’ complaint. (Reported below, 24 Hun, 514.) The action was brought by William H. Fliess, individually, and as executor with Sarah H. Fliess, of the estate of Robert Fliess, deceased.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made Hay 10, 1881, which affirmed a judgment entered upon an order sustaining a demurrer to plaintiffs’ complaint. (Reported below, 24 Hun, 514.) The action was brought by William H. Fliess, individually, and as executor with Sarah H. Fliess, of the estate of Robert Fliess, deceased. The facts stated in the complaint, and upon which the questions raised by the demurrer turn, are as follows: John Buckley in his life-time, owned in fee three parcels of land in the city of…
1Opinion of the CourtDanforth, J.
We concur with the court below in the opinion that the demurrer was well taken. Fi/rst, As to William M. Fliess: Notwithstanding the foreclosure of the first mortgage on the Myrtle avenue lot, his mortgage continued a lien, and, as such, followed the surplus into the hands of the county treasurer. His remedy, therefore, was to enforce his claim, in the court by whose directions the foreclosure had taken place. He requires no other action, nor has he any interest in the relief sought by the other plaintiffs. He fails, therefore, upon both grounds. Second, As to the claims of William M. Fliess…
2Cases cited3 opinions
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Bergen v. . CarmanNew York Court of Appeals · 1879
- Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by10 opinions
- Nutt v. . CumingNew York Court of Appeals · 1898
- In re RecknagelAppellate Division of the Supreme Court of the State of New York · 1911
- Davison v. MacDonaldNew York Supreme Court · 1925
- NYCTL 1997-1 Trust v. StellAppellate Division of the Supreme Court of the State of New York · 2020
- Albro v. BlumeAppellate Division of the Supreme Court of the State of New York · 1896
5 more not listed; retrieve them via the Exa API.