Harbeck v. Pupin
New York Supreme Court
Appeal from special term, New York county. Action by Henry Harbeck against Sarah Catharine Pupin and others, as executors of Frederick K. Agate, deceased. From an interlocutory judgment overruling their demurrer to the complaint, defendants appeal.
1Opinion of the CourtDaniels, J.
The plaintiff obtained a judgment by confession, upon a promissory note made by the firm of W. H. Whitaker & Co., against three of the members of the firm. The additional member of the firm was the defendants’ testator, who was in no manner included in the judgment. Executions were issued upon the judgment against the three members of the firm who confessed it, and returned unsatisfied; and thereafter this action was brought against the executors to recover the amount of the indebtedness, after deduct-
Affirming 7 N. Y. Supp. 168. *696ing the sum of $3,000 paid by two of the partners in the…
2Cases cited6 opinions
- Pope v. . ColeNew York Court of Appeals · 1873
- Candee v. . SmithNew York Court of Appeals · 1883
- Delafield v. . BradyNew York Court of Appeals · 1888
- City of New York v. Third-Avenue RailroadNew York Supreme Court · 1888
- Hood v. HaywardNew York Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dunk v. DunkAppellate Division of the Supreme Court of the State of New York · 1903