Lichtenberg v. . Herdtfelder
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court, in the first judicial department, entered upon an order made October 22, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial.
Read the full summary
Appeal from judgment of the General Term of the Supreme-Court, in the first judicial department, entered upon an order made October 22, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. (Reported below, 33 Hun, 57.) The complaint in this action shows the following facts: In 1873, George Herdtfelder, for the purpose of securing the payment of $4,000, with interest, executed and delivered to the plaintiff his bond, and, as collateral thereto, a mortgage upon real estate executed by himself, and the defendant Elizabeth, his wife.…
1Opinion of the CourtEarl, J.
It appears from the opinion of the judge who presided at the Special Term that he gave judgment against the plaintiff for the reason that he had not obtained leave to sue under section 1628 of the Code. At the General Term, as appears from the opinion there pronounced, the judgment was affirmed because no execution had been issued upon plaintiff’s judgment.
We think this action is without precedent, and that the judgment should be affirmed, but not for the precise reasons stated in the courts below.
Plaintiffs judgment, obtained subsequently to the death of the testator, in an action against…
2Cases cited2 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Spring v. . ShortNew York Court of Appeals · 1882
3Cited by20 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- McQuaide v. . PerotNew York Court of Appeals · 1918
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- In re GleasonNew York Surrogate's Court · 1896
- Agne v. SchwabAppellate Division of the Supreme Court of the State of New York · 1908
15 more not listed; retrieve them via the Exa API.