Seaman v. Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert W. Seaman, as trustee of the estate of Eliza Eagle, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 18th day of December, 1900, upon an order of the Supreme Court made at the Nassau Special Term on a motion for a new trial, and entered in the office of the clerk of the county of Nassau on the 18th day of December, 1900, which order dismissed the…
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Appeal by the plaintiff, Albert W. Seaman, as trustee of the estate of Eliza Eagle, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 18th day of December, 1900, upon an order of the Supreme Court made at the Nassau Special Term on a motion for a new trial, and entered in the office of the clerk of the county of Nassau on the 18th day of December, 1900, which order dismissed the complaint upon the merits, the court having previously directed a verdict in favor of the plaintiff.
1Opinion of the Court
WOODWARD, J. :
This action was begun on the 6th day of June, .1900, by the service of the summons, and was followed by the complaint, which was served on the twenty-fifth day of July. Defendants answered on the 7th day of August, 1900. The action was brought to recover upon six judgments for deficiency, aggregating $17,872.17, entered in favor of Jabez Hazzard as trustee,, plaintiff’s predecessor, against David Clarke, defendants’ testator. The judgments of foreclosure and sale bear date July 5, 1879, the judgments for deficiency were docketed on June 8, 1880, and the present action was…
2Cases cited7 opinions
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- McNulty v. . HurdNew York Court of Appeals · 1878
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
- Concordia Savings & Aid Ass'n v. ReadNew York Court of Appeals · 1891
- Hein v. . DavidsonNew York Court of Appeals · 1884
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3Cited by11 opinions
- Denton v. MaplesMississippi Supreme Court · 1981
- In re the Estate of SmithNew York Surrogate's Court · 1940
- Rieser v. Baltimore & OR Co.District Court, S.D. New York · 1954
- In Re the Accounting of ScottNew York Court of Appeals · 1936
- In re WatsonAppellate Division of the Supreme Court of the State of New York · 1914
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