Yates v. . Burch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial - department, entered upon an order made April 6, 1880, which affirmed a judgment "i-n favor of plaintiffs, entered upon a verdict”; also from an order of said General Term, made April 19, 1878, which affirmed an order sustaining a demurrer to the second defense set up in defendants’ answer.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial - department, entered upon an order made April 6, 1880, which affirmed a judgment "i-n favor of plaintiffs, entered upon a verdict”; also from an order of said General Term, made April 19, 1878, which affirmed an order sustaining a demurrer to the second defense set up in defendants’ answer. This action was brought l^y the plaintiffs on an undertaking executed by the defendants in the action given to stay execution, on . an appeal to the General Term from a judgment rendered in the Supreme Court against…
1Opinion of the CourtDanforth, J.
The undertaking on which this action is brought is set out at length in 'the complaint. After reciting the recovery of judgment for $1,801.83 in favor of these plaintiffs against Hoffman and McDonald, executors, and the intention of the judgment debtors to appeal therefrom, it provides, among other things, that the defendants herein will, if the judgment is affirmed, “pay the amount directed to be paid by said judgment ***** and all damages and costs which shall be awarded against the appellants upon the appeal.”
Upon the trial, the execution of the undertaking was proven, and also that the…
2Cases cited5 opinions
- Champion v. Plymouth Congregational SocietyNew York Supreme Court · 1864
- Knapp v. . AndersonNew York Court of Appeals · 1877
- Sherman v. WellsNew York Supreme Court · 1857
- Wehle v. . SpellmanNew York Court of Appeals · 1879
- Wilson v. . PalmerNew York Court of Appeals · 1878
3Cited by2 opinions
- De Mott v. KendrickNew York Supreme Court · 1892
- De Mott v. KendrickNew York Supreme Court · 1892