Steinert v. Van Aken
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 26th day of June, 1913, granting a motion for judgment on the pleadings. Order affirmed, with ten dollars costs and disbursements, with leave to defendants to serve an amended answer on payment of costs in this court and in the court below.
1Dissent
Laughlin, J. (dissenting):
This action is brought to enforce the liability of the defendants as sureties on the official bond of an administratrix, for her failure to comply with a decree of the surrogate directing the payment of money to plaintiff as receiver. The decree was made on the theory that Thomas J. Wallace, the judgment debtor, to whose rights plaintiff succeeded, was the husband of the intestate, and as such was entitled to the money. The plaintiff moved at Special Term for judgment on the pleadings. The motion was granted awarding judgment according to the prayer of the complaint,…
2Cases cited10 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Scofield v. . ChurchillNew York Court of Appeals · 1878
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
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