Dundee National Bank v. Wood
New York Supreme Court
Appeal from special term, Yates county. Action by the Dundee National Bank against Anthony T. Wood and Balph T. Wood. Eliza E. Wood, the assignee of Anthony T. Wood, who was surety for the other defendant, and out of whose property plaintiff collected its debt, appeals from an order vacating executions issued in her favor. For former report, see 6 IT. Y. Supp. 766.
1Opinion of the CourtCorlett, J.
In May, 1884, the plaintiff recovered a judgment against the-defendants for $2,542.44. The judgment roll was filed in Yates county and' judgment docketed in Livingston county. Execution was issued to the sheriff of the county of Livingston to collect the judgment. In July, 1888, he collected the judgment in full, returned the execution, and the judgment was satisfied of record. Anthony T. Wood was surety for the debt included in the-judgment. The defendant Ralph T. Wood was the principal. The debt was-collected out of the property of the surety. Eliza E. Wood became the assignee of the…
2Cases cited1 opinion
- Foot v. DillayeNew York Supreme Court · 1873
3Cited by3 opinions
- Dowling v. StephanNew York Supreme Court · 1954
- Tyler v. HildrethNew York Supreme Court · 1894
- Gifford v. RisingNew York Supreme Court · 1891