Scharmann v. Schoell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Scharmann, from a judgment of the Supreme Court in favor of the defendants, entered' in the office of the clerk of the county of New York on the 17th day óf Máy,' 1898, upon the decision of the court rendered after a trial .'at the New York Special Term dismissing the complain t.- This appeal was transferred from tile first department to the second department.
1Opinion of the Court
Hatch, J. :
This is an equitable action brought to charge the defendant Schoell with liability as surety upon a bond given by Sophia Froeschle as administratrix of her husband’s estate. Demurrer was interposed to the complaint, which was overruled by the Appellate Division in the first department, and leave given to answer. (Scharmanm v. Schoell, 23 App. Div. 398.) The complaint must, therefore, be regarded by us as stating a good cause of action. This decision proceeded upon the ground that as the complaint averred that the administratrix had collected moneys of the estate, had converted them…
2Cases cited4 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Hood v. . HoodNew York Court of Appeals · 1881
- Bischoff v. EngelAppellate Division of the Supreme Court of the State of New York · 1896
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Foley v. ScharmannAppellate Division of the Supreme Court of the State of New York · 1901
- Reed v. StoddardNew York Surrogate's Court · 1916