Chester v. . Broderick
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July Y, 1891, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee appointed under the statute to determine a claim made by plaintiffs against the estate of Minor T. Broderick, deceased, defendants’ testator.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July Y, 1891, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee appointed under the statute to determine a claim made by plaintiffs against the estate of Minor T. Broderick, deceased, defendants’ testator. The claim was upon an undertaking executed by said Broderick as surety upon an appeal in an action for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion. The respondents by collecting the amount…
1Opinion of the CourtPeckham, J.
The general doctrine of subrogation may be assumed to be correctly stated by the counsel for the appellants, but the doctrine itself has no application to the present case.
The judgment creditor, having obtained the decree of foreclosure, had a right under it to sell the land described in the decree. The defendants’ testator became one of the sureties on the appeal bond given by the judgment debtor to stay proceedings pending the appeal, and. thereupon the right of the creditor to enforce her judgment was temporarily suspended. Upon the affirmance of the judgment by the General Term, the…
2Cases cited1 opinion
- Hinckley v. . KreitzNew York Court of Appeals · 1874
3Cited by6 opinions
- Shannon v. DodgeSupreme Court of Colorado · 1893
- Moore v. Ford Motor Co.District Court, S.D. New York · 1928
- Becker v. PeopleIllinois Supreme Court · 1896
- First Nat. Bank Bldg. Co. v. RiddleSupreme Court of Oklahoma · 1920
- Culliford v. . WalserNew York Court of Appeals · 1899
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