Legal Opinion

Allen v. National Surety Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1911PublishedCited by 3 opinions

Appeal by the plaintiff, Willard ,S. Allen, from an order of the Supreme Court, made at the New York Special Term and-entered in the office of the clerk of the county of New York on the 11th day of April, 1911.

1Opinion of the Court

Scott, J.:

Appeal from an order denying plaintiff’s motion for judgment upon the pleadings. The plaintiff obtained a judgment against one Jacob Fromme, who; feeling aggrieved thereby, appealed to this court. To stay execution the defendant gave an undertaking in the usual form for the payment of plaintiff’s costs upon appeal, and for the payment of the judgment appealed from, in case it should be affirmed or the appeal dismissed. The judgment was affirmed.* Pending the appeal Jacob Fromme died and Adele Fromme was duly appointed and qualified as his executrix, and the action was revived…

2Cases cited2 opinions

  1. Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
  2. Allen v. FrommeAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. Old Homestead Water Co. v. TreyzAppellate Division of the Supreme Court of the State of New York · 1922
  2. Yeshiva University v. EdelmanNew York Supreme Court · 1958
  3. Von Seebeck v. City of New YorkNew York Supreme Court · 1935

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