Mittnacht v. . Kellermann
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of ¡New York, made January 10, 1883, which affirmed a judgment of the Marine Court of said city, affirming a judgment in favor of respondent .entered on a decision of one of the judges of said court on trial without a jury. This action was upon an undertaking executed by the defendants, the substance of which as well as the material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of ¡New York, made January 10, 1883, which affirmed a judgment of the Marine Court of said city, affirming a judgment in favor of respondent .entered on a decision of one of the judges of said court on trial without a jury. This action was upon an undertaking executed by the defendants, the substance of which as well as the material facts are set forth in the opinion. Defendant is estopped from raising any question as to the invalidity of the undertaking, the answer not having raised the…
1Opinion of the Court
Ruger, Ch. J.
In December, 1876, one Jacob Mittnacht com mencedan action of claim and delivery for the recovery of personal property, in a District Court of the city of New York against J ohn B. Gleschwind. Issue was joined in the action and immediately, thereupon, the defendant commenced proceed ings to remove the ease into the Court of Common Pleas of the city of New York. For that purpose he procured to be executed and filed in the District Court an undertaking signed by himself, as principal, and John Kellermann and Frederick Dieterle,'as sureties, which undertaking,.after reciting the…
2Cases cited3 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Curtis v. BessonNew York Court of Common Pleas · 1876
3Cited by9 opinions
- Cabe & Hobson Ltd. v. SterlingNew York Court of Appeals · 1889
- Taylor v. ExniciousCalifornia Supreme Court · 1925
- Drummond v. FisherNew York Court of Common Pleas · 1892
- Thompson v. DennerAppellate Division of the Supreme Court of the State of New York · 1897
- County of Albany v. Robolitto, New York County Courts1922
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