Risley v. . Brown

This is a motion for an order substituting the administrator of Abner Brown as defendant, he having died during the pendency of the appeal to this court.

The action was upon a joint promissory note made by the defendants, Abner Brown signing simply as surety. The principal interposed no defence. The action was tried before a referee, and the plaintiff recovered judgment, and judgment was entered against both defendants. Abner Brown alone appealed to the General Term of the Supreme Court, and there the' judgment was affirmed. He then appealed to this court, and filed the usual undertaking…