Bell v. Vernooy
New York Supreme Court
Appear, from a judgment dismissing the complaint, entered upon the report of a referee. In 1868 the defendant, Oscar Yernooy, brought an action in a justices’ court against these plaintiffs and one Meeker Gorham (who was also one of the original plaintiffs herein, but who has died pending this suit), to recover the amount of a promissory note given for money lent.
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Appear, from a judgment dismissing the complaint, entered upon the report of a referee. In 1868 the defendant, Oscar Yernooy, brought an action in a justices’ court against these plaintiffs and one Meeker Gorham (who was also one of the original plaintiffs herein, but who has died pending this suit), to recover the amount of a promissory note given for money lent. Judgment was obtained by the plaintiff, and the d efendants in said j udgment appealed to the County Court of Ulster county. The cause, when there reached in its order upon the regular call of the calendar, was, by consent in open…
1Opinion of the Court
Bockes, J.:
The record in the County Court was in due form, and established an apparent lien upon the plaintiffs' real property. Passing the point that the relief sought in this suit might have been obtained *127by motion in the County Court, and admitting- that this action was well brought in theory to remove the lion, inasmuch as the proof necessary to establish its invalidity was de hors the record, then wo are of the opinion that the facts relied on to support it are insufficient to effect that result. The invalidity of the judgment entered in the County Court is put upon this ground : That…
2Cases cited3 opinions
- Greason v. . KeteltasNew York Court of Appeals · 1858
- In re the Knickerbocker BankNew York Supreme Court · 1855
- Bingham v. DisbrowNew York Supreme Court · 1862