Magnolia Metal Co. v. Sterlingworth Railway Supply Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Magnolia Metal Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of January, 1899, requiring its attorneys to accept service of a notice of appeal and undertaking on an appeal by the •defendants to the Court of Appeals.
1Opinion of the Court
Barrett, J.:
The judgment here was in favor of the plaintiff and against the defendants for $10,651.82 damages and costs. Upon appeal therefrom to this Appellate Division that judgment was affirmed, with costs. ° Thereupon the defendants retained a new attorney, Mr. Alexander Thain, without procuring an order of substitution, and Mr. Thain, on their behalf, filed and served a notice of appeal to the Court of Appeals, and also an undertaking to perfect such appeal and to stay the plaintiff’s proceedings thereon. This notice of appeal, together with the copy of the undertaking served upon the…
2Cited by3 opinions
- Slepin v. BeckNew York Supreme Court · 1914
- Title Guaranty & Trust Co. v. Uniform Fibrous Talc Co.New York Supreme Court · 1926
- In re the Estate of TonkonogoffNew York Surrogate's Court · 1943