Gifford v. Rising
New York Supreme Court
Appeal from special term, Niagara county. Action by Reuben W. Gifford, as receiver of the property of Cháuncey W. Rising, a judgment debtor, against Aretas W. Rising. There was an order ■subrogating Ely 0. Rising and Lodema G. Rising, sureties on the appeal-bond to the extent of $584, and plaintiff appeals. For appeal from judgment, see ■ante, 428.
1Opinion of the CourtCorlett, J.
On the 13th day of July, 1889, the appellant recovered judgment against the defendant for nearly $600, besides costs. The defendant appealed from the judgment to this court, and an undertaking was executed to stay execution upon appeal, by Ely C. and Lodema C. Rising as sureties. Before this undertaking was made, execution had been issued upon the judgment, and personal property levied upon to the amount of nearly $600. The judgment was affirmed on appeal, and the whole judgment, when finally entered, was $1,092.33. With the consent of the sureties, $400 of the personal property was lost, and…
2Cases cited1 opinion
- Dundee National Bank v. WoodNew York Supreme Court · 1890
3Cited by1 opinion
- Tyler v. HildrethNew York Supreme Court · 1894