Rosenthal v. New York Railways Co.

The National Surety Company having paid a judgment for which it was liable upon its undertaking on appeal filed by defendant New York Railways Company, took from the general guardian of the infant plaintiff an assignment of the judgment, and thereafter issued execution to the sheriff, who has levied on the property of the defendant Empire Carting Company for the full amount of the judgment and costs. The two defendants were joint tort feasors in the action in which the judgment was rendered. The defendant Empire Carting Company moves for an order directing that the judgment entered in favor…