Taylor v. Port Jefferson Milling Co.
New York Supreme Court
Appeal from special term, Kings county. Action by Crant B. Taylor, as receiver of the Manhattan Mutual Fire Insurance Company of New York, against the Port Jefferson Milling Company, on a promissory note. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtPratt, J.
This is an appeal from a judgment entered upon a trial by a judge without a jury. There is no substantial dispute about the facts, and the result of the trial seems to be entirely just and proper. At first blush, it seems strange that a judgment should *308have been ordered for the full amount of the note, but it is provided by statute (Laws 1853, c. 466, § 13) what shall be the form of the judgment, and no injustice follows, because the execution can issue for no more than is actually due, and such course was carried out in this case. At the settlement of the first suit, the premium note was not…
2Cases cited1 opinion
- Hyatt v. Wait & SimmonsNew York Supreme Court · 1862
3Cited by2 opinions
- In re the Estate of FosterNew York Surrogate's Court · 1894
- In re the Estate of PaigeNew York Surrogate's Court · 1933