Legal Opinion

Denike v. Denike

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1901Published

Appeal by the defendant, Mary A. Denike, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of March, 1901, upon the decision of the court.

1Opinion of the Court

Jenks, J. :

This is an appeal by the defendant Denike from a judgment of the County Court of Kings county, in an action against her and her *493co-surety, Gorman, on an undertaking executed by them on an appeal of their principal to the Court of Appeals from a money judgment against him.

The defendant Gorman defaulted and' judgment was entered against both defendants. There is but a single question presented by the appeal. The undertaking was in the usual form, except that it did not provide that the defendants, “jointly and severally,” bound themselves. The defendant Denike by separate answer…

2Cases cited4 opinions

  1. Concordia Savings & Aid Ass'n v. ReadNew York Court of Appeals · 1891
  2. Wing v. . RogersNew York Court of Appeals · 1893
  3. Hill v. . BurkeNew York Court of Appeals · 1875
  4. Davis v. . Van BurenNew York Court of Appeals · 1878

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