Scharmann v. Schoell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Scharmann, from an interlocutory .judgment of the Supreme Court in favor of the defendant, Frederick Schoell,- entered in the office of the clerk of the county of Flew York on the 28th day of May, 1897, upon the decision of. the court rendered after a trial at the FTew York Special Term sustaining the said defendant’s demurrer to the complaint on the ground of a defect of parties defendant, with notice of an intention to bring up for review…
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Appeal by the plaintiff, Julius Scharmann, from an interlocutory .judgment of the Supreme Court in favor of the defendant, Frederick Schoell,- entered in the office of the clerk of the county of Flew York on the 28th day of May, 1897, upon the decision of. the court rendered after a trial at the FTew York Special Term sustaining the said defendant’s demurrer to the complaint on the ground of a defect of parties defendant, with notice of an intention to bring up for review upon said appeal an order entered in said clerk’s office on the 21st day of May, 1897, sustaining such demurrer and…
1Opinion of the Court
Ingraham, J.:
The action is brought to recover upon a bond given upon the appointment of one Sophia Froschle as administratrix of Gustave Froschle, deceased. The plaintiff is a creditor of the said deceased. The complaint alleges the death of the decedent, the appointment of the administratrix and the giving of the bond, which was conditioned, “ That if the above-bounden Sophia Froschle shall faithfully execute the trust reposed in her as administratrix of all and singular the goods, chattels and credits of Gustave Froschle, late of the city of FTew York, deceased, and obey all lawful decrees…
2Cases cited3 opinions
- Schwinger v. . HickokNew York Court of Appeals · 1873
- Capital City Bank v. ParentNew York Court of Appeals · 1892
- Bischoff v. EngelAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Kurz v. HessAppellate Division of the Supreme Court of the State of New York · 1903
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1899
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1899
- Dunne v. American Surety Co.New York Supreme Court · 1899