Kmetz v. . Deronde
New York Court of Appeals
Appeal from a judgment entered March 25, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal pf the complaint.
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Appeal from a judgment entered March 25, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal pf the complaint. After the sureties have received the benefit for which their bond or undertaking was given, they are estopped from questioning its recitals or from setting up defenses to the judgment to defeat their liability. (Am. Exch. Bank v. Goubert, 135 App. Div. 371; Wing v. Rogers, 138 N. Y. 361; Kelly v. McCormick, 28 N. Y. 318;…
1Opinion of the CourtCakdozo, J.
The defendants are sued as sureties on an undertaking on appeal.
Kmetz and DeRonde agreed respectively to sell and to buy fourteen lots in the town of Harrison, Westchester county. The price, $6,950, was to be paid: $200 on the execution of the contract, $150 on the delivery of the deed, and $6,600 by the assumption of mortgages described as liens for that amount. The seller was to “ cause to be executed ” a deed with full covenants “ free from all incumbrance except as aforesaid.” The record title at that time was in Elsie P. Westcott and husband. Kmetz, the seller, was the holder of the…
2Cases cited6 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Stovall v. BanksSupreme Court of the United States · 1871
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860
- Hanna v. MillsNew York Supreme Court · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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