Leopold v. Epstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hyman Epstein and another,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of November, 1899, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 17th day of November, 1899, denying their motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This action is against sureties on an undertaking of a defendant on' liei* appeal to the Court of Appeals in a suit to foreclose a mortgage. The result of her appeal was affirmance with judgment absolute on her stipulation. The sale under the judgment showed a deficiency. The contention of the defendant • sureties is mainly based on' the facts that the judgment in the foreclosure suit first directed that the costs should be paid from the proceeds of sale, and ■ that the sale produced a sum sufficient to pay the costs. The material part of the judgment in foreclosure, as first…
2Cases cited6 opinions
- Stannard v. . HubbellNew York Court of Appeals · 1890
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
- The Black River Bank v. . PageNew York Court of Appeals · 1871
- Miller v. YoumansNew York Court of Common Pleas · 1895
- Sterne v. TalbottNew York Supreme Court · 1895
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