Cockcroft v. . Muller
New York Court of Appeals
Appeal from judgment of the General Term of the Court, • of Common Pleas, in and for the city and county of New York, in favor of defendants, entered upon an order overruling plaintiff’s exceptions, and directing judgment on an order dismissing the complaint on trial.
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Appeal from judgment of the General Term of the Court, • of Common Pleas, in and for the city and county of New York, in favor of defendants, entered upon an order overruling plaintiff’s exceptions, and directing judgment on an order dismissing the complaint on trial. This action was brought to recover back a sum of money alleged to have been paid by plaintiff to defendants, on a sale at auction, by the latter as auctioneers, of certain premises in the city of New York, on account of the New York and Harlem Kailroad Company. The sale was made February 7th, 1867. By the terms of sale the…
1Opinion of the CourtAllen, J.
The plaintiff had an action for the recovery
of his deposit, either against the present defendants, the auctioneers, or their principal, the Hew York and Harlem Railroad Company, and he might have brought separate actions against each at the same time, and prosecuted both to judgment, but could have had but one satisfaction. A recovery against either and a satisfaction of the judgment would . discharge the other. The plaintiff was. entitled, against the principal, to interest upon the deposit, and as it' seems also against the auctioneers the stakeholders* from the time of a demand of the…
2Cited by10 opinions
- American Guild v. . DamonNew York Court of Appeals · 1906
- Rosenwasser v. Blyn Shoes, Inc.New York Court of Appeals · 1927
- Gelman v. Joseph P. Day, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
- Grinnell v. ShermanNew York Supreme Court · 1891
- Lummus Real Estate Auction Co. v. BrownCourt of Appeals of Georgia · 1934
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