Concordia Savings & Aid Ass'n v. Read
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 24, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought upon an undertaking given on appeal to the General Term from a judgment of foreclosure and sale in the usual form.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 24, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought upon an undertaking given on appeal to the General Term from a judgment of foreclosure and sale in the usual form. The undertaking did not comply with the requirements of section 1331 of the Code of Civil Procedure; aside from the clause relating to costs and damages, it was in accordance, with the provisions of section 1327. The following is a…
1Opinion of the CourtParker, J.
An examination of the record in Goodwin v. Bunzl (102 N. Y. 224), and a comparison of the facts disclosed by it with those now under review, leads to the conclusion that this case.is controlled by it to an extent which requires the holding that the undertaking before us is a valid common-law agreement. In that case as in this the undertaking contains the following recital: “ Do hereby pursuant to-statute in such case made and provided undertake * * While the undertaking is valid and enf orcible as an agreement, it can only be enforced according to its terms, and will not be: given the force…
2Cases cited1 opinion
- Goodwin v. . BunzlNew York Court of Appeals · 1886
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- Seaman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1901
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- Carl v. MeyerAppellate Division of the Supreme Court of the State of New York · 1900
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