Regierer v. United States Fidelity & Guaranty Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Minna Regierer against the United States Fidelity & Guaranty Company. From a judgment for plaintiff, defendant appeals.
1Per curiam
Plaintiff is the assignee of a judgment obtained by her assignor against one Bayles, which judgment was obtained by default. Bayles appealed from the judgment so taken, and gave an undertaking, executed by the defendant, to the effect that if the judgment was affirmed, or the appeal dismissed, the defendant would pay the same. The appeal from the judgment was dismissed. Subsequently Bayles moved to open his default, which motion was denied in the lower court. The order denying the motion to open the default was thereafter reversed by this court, and the judgment vacated, and a new trial…
2Cases cited2 opinions
- Wehle v. . SpellmanNew York Court of Appeals · 1879
- Milliken v. Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Fox v. LindenmanAppellate Terms of the Supreme Court of New York · 1913