Foley v. Scharmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles V, T. Foley and another, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Yew York on the -31st day of October, 1900, upon the decision of the court, rendered after a trial at , the Yew York Special Term, ■overruling the plaintiffs’ demurrer to the defendants’ counterclaim, and also from a final judgment entered in the office of the clerk of the county of Yew…
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Appeal by the plaintiffs, Charles V, T. Foley and another, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Yew York on the -31st day of October, 1900, upon the decision of the court, rendered after a trial at , the Yew York Special Term, ■overruling the plaintiffs’ demurrer to the defendants’ counterclaim, and also from a final judgment entered in the office of the clerk of the county of Yew York on the 21st day of Yovember, 1900, upon such interlocutory judgment. .■
1Opinion of the Court
Hatch, J.:
An action was brought against the plaintiffs as executors of Arthur Iff. Foley, deceased, by one Julius Scharmann. The complaint in that action being dismissed, the defendants entered judgment for costs against Julius Scharmann therein; the latter appealed to the Appellate Division of this department and gave an undertaking therein in which the defendants herein became sureties. The judgment was affirmed (Scharmann v. Schoell, 38 App. Div. 528), and judgment for costs of appeal was entered against Scharmann, who, having failed to pay the judgment, these plaintiffs, as individuals,…
2Cases cited1 opinion
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Jones v. JohnsonSupreme Court of Oklahoma · 1918