Van Slyke v. . Bush
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 5, 1889, which affirmed a judgment in favor of defendants, sustaining a demurrer to the complaint entered upon a decision of the court on trial at Special Term. This action was brought against defendants as sureties upon the bond of Robert Campbell, assignee for the benefit of creditors of Riley A. Brick.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 5, 1889, which affirmed a judgment in favor of defendants, sustaining a demurrer to the complaint entered upon a decision of the court on trial at Special Term. This action was brought against defendants as sureties upon the bond of Robert Campbell, assignee for the benefit of creditors of Riley A. Brick. The facts, so far as material, are stated in the opinion. The complaint shows a perfectly valid claim against the estate. (Randall v. Dusenbury, 7 J. & S. 174; 63 N. Y.…
1Per curiam
The sureties, by the terms of the contract, undertook that the assignee Campbell “ should faithfully execute and discharge the duties of such assignee and duly account for. all moneys received by him as such assignee.” It is alleged in the complaint and admitted by the demurrer that the sum of §2,769.45, which, by the decree on the accounting the assignee w7as directed to pay to the plaintiff, was in his hands as assignee at the time of the accounting, being-part of the proceeds of the assigned estate, but that he has not obeyed said decree, but has paid no part of that sum except $1,250. The…
2Cases cited1 opinion
- Casoni v. . JeromeNew York Court of Appeals · 1874
3Cited by6 opinions
- Jessup v. . SmithNew York Court of Appeals · 1918
- Solimine v. HollanderNew Jersey Court of Chancery · 1941
- In re Accounting of KautskyAppellate Division of the Supreme Court of the State of New York · 1900
- In re KautskyAppellate Division of the Supreme Court of the State of New York · 1900
- Mabon v. Ongley Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
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