Latimer v. McKinnon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph H. Clark, as trustee in bankruptcy of Frank H. McKinnon and another, from an interlocutory judgment of the Supreme Court in favor of -the plaintiff, entered in the office of the clerk of the county of Chenango on the 28th day of November, 1902, upon the decision of the court, rendered after a trial at the Broome Special Term, overruling said defendant’s demurrer to the plaintiff’s original and supplemental complaints.
1Opinion of the Court
Houghton, J.:
This action in various phases has been before this court many times. In 1894 the defendants McKinnon and Burrows suffered default, and a judgment was entered by the plaintiff against them. *226On an application to-open the default, and in consideration" of the consent of the plaintiff’s attorney thereto, James R. Baumes, defendants’ attorney, of record, executed and delivered to the plaintiff 'an agreement.that he,-would pay any judgment, not collected by execution, which.might finally be -awarded • against, the defendants . after the.same had been, tested by appeals. A trial was had…
2Cases cited4 opinions
- Forbes v. . WallerNew York Court of Appeals · 1862
- Scrantom v. Farmers & Mechanics' BankNew York Supreme Court · 1860
- American Life Insurance & Trust Co. v. SackettNew York Court of Chancery · 1846
- Latimer v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Casassa v. SavareseAppellate Division of the Supreme Court of the State of New York · 1912
- Latimer v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1903