Poppenhusen v. Seeley
New York Court of Appeals
Conrad Poppenhusen. sued Ebenezer Seeley and another, in the supreme court, on an undertaking given by the defendants, on an appeal in another suit brought by one Sargeant against White and Stelle. The appeal was from an order of the special term, made August 18,1860, by which the demurrer of the defendants White and- Stelle was stricken out as frivolous and judgment ordered for the plaintiff Sargeant.
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Conrad Poppenhusen. sued Ebenezer Seeley and another, in the supreme court, on an undertaking given by the defendants, on an appeal in another suit brought by one Sargeant against White and Stelle. The appeal was from an order of the special term, made August 18,1860, by which the demurrer of the defendants White and- Stelle was stricken out as frivolous and judgment ordered for the plaintiff Sargeant. On hearing the appeal, the court at general term affirmed the order of August 13, 1860, except that it gave defendants leave to answer the complaint within twenty days after service of a copy…
1Opinion of the CourtLeonard, J.
The question upon the evidence in this case is whether the judgment of August 13, 1860, has ever been affirmed in such a sense as to constitute a breach of the defendants’ undertaking. The undertaking is conditioned, first, to pay all costs and damages which may be awarded on said appeal, not exceeding two hundred and fifty dollars. Second, to pay the amount of the judgment, and all damages which shall be awarded on the said appeal, if the judgment be affirmed.
It vyill be observed from the foregoing statement of the facts, *617that there has been no entry of a final judgment upon the appeal…
2Cases cited2 opinions
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