Leopold v. Epstein
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Lorenz Leopold against Hyman Epstein and another as sureties on an undertaking. From a judgment entered on the direction of a verdict for plaintiff, and from an- order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtJerks, J.
This action is against sureties on an undertaking of a defendant on her appeal to the court of appeals in a suit to foreclose *415a mortgage. The result of her appeal was affirmance, with judgment absolute on her stipulation. The sale under the judgment showed a deficiency. The contention of the defendant sureties is mainly based on the facts that the judgment in the foreclosure suit first directed That the costs should be paid from the proceeds of sale,- and that the sale produced a sum sufficient to pay the costs. The material part of the judgment in foreclosure, as first entered, provided that…
2Cases cited7 opinions
- Stannard v. . HubbellNew York Court of Appeals · 1890
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
- The Black River Bank v. . PageNew York Court of Appeals · 1871
- Miller v. YoumansNew York Court of Common Pleas · 1895
- Sterne v. TalbottNew York Supreme Court · 1895
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