Gotendorf v. . Goldschmidt
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made November 24, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts appear sufficiently in the opinion. a The court did not acquire jurisdiction of the infant defendants, as they were not served with the summons either personally or by publication.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made November 24, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts appear sufficiently in the opinion. a The court did not acquire jurisdiction of the infant defendants, as they were not served with the summons either personally or by publication. (Code, §§ 99, 127, 184, 135, 139 ; Varian v. Stevens, 2 Duer, 635, 636; Disbrow v. Folger, 5 Abb. 53; Croghan v. Livingston, 17 N. Y. 218, 220, 222;…
1Opinion of the CourtDanforth, J.
The object of this action was to compel the defendant to perform his agreement to purchase and pay for certain premises situate in the city of 27ew York. The defendant by answer objected that the plaintiffs title was good as to only three undivided fifths thereof, that the remaining twofiftlis were vested in certain children of Adele G-otendorf, deceased. • Hpon the trial it was conceded, among other things, that the said Adele died intestate June 28, 1865, seized of the premises in question, leaving her surviving, James 27. Gotendorf, her husband, and certain children named or referred to in…
2Cases cited2 opinions
- Parks v. ParksNew York Supreme Court · 1865
- Sandford v. . WhiteNew York Court of Appeals · 1874
3Cited by11 opinions
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- Gruner v. RuffnerAppellate Division of the Supreme Court of the State of New York · 1909
- Taylor v. EmmetAppellate Division of the Supreme Court of the State of New York · 1910
- Schell v. CohenNew York Supreme Court · 1889
- O'Donaghue v. . SmithNew York Court of Appeals · 1906
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