Bath Gas Light Co. v. Rowland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John T. Rowland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of June, 1902, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Jenks, J.:. The defendant and Mr. Olaffy were sureties of a lease. Plaintiff, the lessor, recovered a judgment in this court , against Mr. Claffy, and now brings this action pursuant to section 1937 of the Code of Civil Procedure. In the action against him Mr. Claffy made plea, inter alia, that the lease was ultra vires, but was defeated. (See Rath Gas Light Co. v. Claffy, 151 N. Y. 24, 29.) The learned Special Term gave judgment for the plaintiff on the ground that the defense of ultra vires had not arisen since the judgment against the defendant’s joint debtor, and that it had been pleaded…
2Cases cited21 opinions
- The AntelopeSupreme Court of the United States · 1825
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
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3Cited by5 opinions
- Newburger v. LubellNew York Court of Appeals · 1934
- Secklir v. PenneyNew York Supreme Court · 1933
- Hanna v. LichtenheinAppellate Division of the Supreme Court of the State of New York · 1918
- Newburger v. LubellAppellate Division of the Supreme Court of the State of New York · 1934
- Newburger v. LubellAppellate Division of the Supreme Court of the State of New York · 1934