Stahl v. Stahl
New York Supreme Court
This was an appeal taken from an order granted upon a hearing at a Special Term of the court, whereby a demurrer interposed by the defendant John S. Stahl, was sustained to the complaint of the plaintiff in the actidii, which stated that in July, 1847, Wm. P. and Willard J. Daniels recovered a judgment in the Supreme Cotirt against the defendants, Enoch Stahl and John Stahl, junior, for §924.98, in an action on contract, on personal service of process.
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This was an appeal taken from an order granted upon a hearing at a Special Term of the court, whereby a demurrer interposed by the defendant John S. Stahl, was sustained to the complaint of the plaintiff in the actidii, which stated that in July, 1847, Wm. P. and Willard J. Daniels recovered a judgment in the Supreme Cotirt against the defendants, Enoch Stahl and John Stahl, junior, for §924.98, in an action on contract, on personal service of process. The docketing of the judgment was averred and that Wm. P. Daniels died prior to Hay 16,1867, and left a will; the complaint named the…
1Opinion of the Court
*62By the Court
Marvin, P. J.
Judgment was recovered against the two Stahl’s in the Supreme Court, nearly twenty years before this action was commenced, in an action on contract. .The plaintiff is the assignee of the judgment. One of the Stahl’s is dead, and the defendant, John S. Stahl, is administrator of his goods, &c. The other judgment debtor, Stahl, is entirely worthless and insolvent, an execution had been issued upon the judgment and returned wholly unsatisfied, but when does not appear.
These facts are admitted by the administrator; but he insists that they are not sufficient to constitute…
2Cases cited4 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Butts & Havens v. GenungNew York Court of Chancery · 1835
- Yorks v. PeckNew York Supreme Court · 1853
- Morehouse v. BallouNew York Supreme Court · 1853