Burt v. Lustig
The Superior Court of the City of New York and Buffalo
Exceptions from jury term. Action' by Beattie Burt, as administratrix, etc., of Alvin Burt, against Arnold Lustig and others, on an undertaking on appeal. A verdict was directed for plaintiff, and defendants’ exceptions were ordered to be heard in the first instance at general term.
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Exceptions from jury term. Action' by Beattie Burt, as administratrix, etc., of Alvin Burt, against Arnold Lustig and others, on an undertaking on appeal. A verdict was directed for plaintiff, and defendants’ exceptions were ordered to be heard in the first instance at general term. On January 19,1885, Frederick A. Baldwin and two others recovered a judgment against Ira E. Doying and Thomas H. Beekman, impleaded with Willet Bronson, for $1,978.36. On June 5, 1885, the judgment passed by assignment to William A. Davis. The judgment was affirmed upon appeal to the general term, and judgment of…
1Opinion of the CourtAdam, J.
Three results followed the assignment to Alvin Burt: First. He became the owner of the judgment, and of all securities for its payment, the latter as incidents following the principal. Thomas v. Hubbell, 35 N. Y. 120; Bowdoin v. Colman, 6 Duer, 182; Jackson v. Losee, 4 Sandf. Ch. 381; Morange v. Mudge, 6 Abb. Pr. 243; Campbell v. Birch, 60 N. Y. 214. Second. He became entitled to continue the action for his own benefit in the names of the original plaintiffs. Code Civil Proc. § 756; Bolen v. Crosby, 49 N. Y. 183. Third. He became liable for the costs as the party for whose benefit the action…
2Cases cited7 opinions
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Campbell v. . BirchNew York Court of Appeals · 1875
- Thomas v. . HubbellNew York Court of Appeals · 1866
- Bowdoin v. ColemanThe Superior Court of New York City · 1856
- Wehle v. . SpellmanNew York Court of Appeals · 1879
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3Cited by1 opinion
- Hanby v. Cahaba Coal Co.Supreme Court of Alabama · 1917