Rochkind v. Perlman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Max J. Perlman and another, from a ■ judgment of tlie Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of Kings on the itliyday of June, 1907, pursuant to an'order entered in said clerk’s office on the 4th day of June, 1907, granting the plaintiffs’ motion for judgment upon the ground that the answer interposed by the appellants was frivolous and sham, and also from the said order upon which the judgment…
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Appeal by the defendants, Max J. Perlman and another, from a ■ judgment of tlie Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of Kings on the itliyday of June, 1907, pursuant to an'order entered in said clerk’s office on the 4th day of June, 1907, granting the plaintiffs’ motion for judgment upon the ground that the answer interposed by the appellants was frivolous and sham, and also from the said order upon which the judgment appealed from was entered.
1Dissent
Hooker, J. (dissenting):
The action is to recover frohi the defendants as sureties upon a bond given to discharge of record a mechanic’s lien filed by the plaintiffs. The action against the principal debtor to fix the amount of the lien had proceeded to judgment, so it is alleged in the complaint, in favor of the plaintiffs before the commencement of this action. This and other allegations of the complaint the defendants put in issue by denying knowledge or information sufficient to form a belief. The plaintiffs moved at Special Term upon the pleadings for judgment “ upon the ground that the…
2Cases cited5 opinions
- Youngs v. . KentNew York Court of Appeals · 1871
- Howe v. ElwellAppellate Division of the Supreme Court of the State of New York · 1901
- Dancel v. Goodyear Shoe Machinery Co. of Portland, MainAppellate Division of the Supreme Court of the State of New York · 1902
- Goodwin v. ThompsonNew York Supreme Court · 1895
- Winslow v. FergusonNew York Supreme Court · 1868