Wehle v. . Spellman
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff', entered upon a decision of the court on trial, without a jury. This action was brought upon an undertaking given to stay proceedings, 011 appeal from a judgment in favor of plaintiff against Henry I. Butler.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff', entered upon a decision of the court on trial, without a jury. This action was brought upon an undertaking given to stay proceedings, 011 appeal from a judgment in favor of plaintiff against Henry I. Butler. The answer alleged and the court found that prior to the commencement of this action the judgment was duly levied upon under and by virtue of two warrants of attachment, issued in actions against the plaintiff herein, which attachments were still in force, not having been…
1Opinion of the CourtRapallo, J.
The undertaking on appeal upon which this action is brought, was dependent upon and followed the judgment appealed from. The payment or satisfaction of the judgment would discharge the undertaking, and an assignment or transfer of the judgment would carry with it the security of the undertaking, though not mentioned in the transfer. The sureties on the undertaking were bound to pay only the lawful holder of the j udgment, and on such payment were entitled to subrogation to all the rights and remedies of the holder of the judgment for its collection. The findings in this case show that at the…
2Cases cited1 opinion
- Risley v. . BrownNew York Court of Appeals · 1876
3Cited by7 opinions
- In re LevinsonDistrict Court, W.D. Washington · 1927
- Milliken v. Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1908
- Yates v. . BurchNew York Court of Appeals · 1882
- Burt v. LustigThe Superior Court of the City of New York and Buffalo · 1892
- Regierer v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1912
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