County of Erie v. Baltz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Caroline Houck and others, as surviving executors, etc., 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 Erie on the 9th day of October, 1907, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the said defendants’ demurrers to the complaint.
1Opinion of the Court
Kruse, J.:
The undertaking given for the faithful discharge of the duties of the defendant Baltz, as county treasurer of Erie county, is a several as well as joint obligation. The rule, therefore, that in actions against the personal representatives of a deceased joint debtor, it must be alleged and proved that the debt cannot be collected against the surviving joint debtors, has no application to this case. That and the other questions in this case are fully discussed in the opinion of Mr. Justice Williams, and with the views expressed therein we all agree save in one respect. We differ over…
2Cited by7 opinions
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- Pruett v. CaddiganNevada Supreme Court · 1918
- Lane v. FennNew York Supreme Court · 1912
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