Humphrey v. . Hayes
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made the third Monday of September, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. Also, appeals from two orders of said General Term, made at the same term, which denied motions on the part of defendants to vacate an order of arrest herein.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made the third Monday of September, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. Also, appeals from two orders of said General Term, made at the same term, which denied motions on the part of defendants to vacate an order of arrest herein. This action was commenced in 1878, upon a guaranty of payment contained in an assignment of a bond and mortgage. The action was tried in October, 1880; the court rendered a decision in…
1Opinion of the CourtRapallo, J.
It was not necessary for the purpose of sustaining either the judgment or the order of arrest, that it should have been averred in the complaint or proved upon the trial that the defendants had been guilty of fraud in contracting the liability sued upon. The requirements of subdivision 4 of section 549 of the Code of Civil Procedure were introduced, by amendment, by chapter 542 of the Laws of 1879, and section 2 of that act expressly provides that the amendments to sections 549 and 550 shall not apply to actions theretofore commenced.
This action was commenced prior to the adoption of those…
2Cases cited1 opinion
- Lewis v. . PalmerNew York Court of Appeals · 1863
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- Ex Parte HowitzCalifornia Court of Appeal · 1906
- Sterling Factors Corp. v. FreemanAppellate Division of the Supreme Court of the State of New York · 1967
- Taylor v. SimpkinsNew York Supreme Court · 1902
- Westinghouse Credit Corp. v. StojowskiAppellate Division of the Supreme Court of the State of New York · 1979
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