Legal Opinion

Johnston v. . Stimmel

New York Court of Appeals

Decided May 2, 1882PublishedCited by 4 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 3,1882, which affirmed an order of Special Term, the substance of which is hereinafter stated. (Reported below, 26 Hun, 435.) This action was brought to foreclose a mortgage upon a certain leasehold estate in the cjty of New York, executed by defendant Conrades to secure his bond given to' Harrison Johnston, father of the plaintiff.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 3,1882, which affirmed an order of Special Term, the substance of which is hereinafter stated. (Reported below, 26 Hun, 435.) This action was brought to foreclose a mortgage upon a certain leasehold estate in the cjty of New York, executed by defendant Conrades to secure his bond given to' Harrison Johnston, father of the plaintiff. Conrades conveyed the estate to defendant Warnsdorfer January 1, 1875, subject to said mortgage, which the latter assumed. Plaintiff claimed by assignment…

1Opinion of the Court

Tbacy, J".

Bo suit can be brought against the United States without the consent of Congress. (Marriott v. Brune, 18 How. U. S. [Curtis] 285.) But the United States may sue its debtor in any court of law having jurisdiction of the subject matter. (Ib.)

The attorney of the United States for the district in which the action is brought is the proper officer to bring such action. (U. S. R. S., § 771.) .

The United States while nominally a defendant is in fact made a plaintiff by the order appealed from. It comes in not to defend an action brought against it, but as a claimant to the fund in question.

T…

2Cases cited1 opinion

  1. Thurber v. . BlanckNew York Court of Appeals · 1872

3Cited by4 opinions

  1. Crane v. . McDonaldNew York Court of Appeals · 1890
  2. Desert Water, Oil & Irrigation Co. v. StateCalifornia Supreme Court · 1914
  3. In re the Estate of SabhaAppellate Division of the Supreme Court of the State of New York · 1978
  4. United States v. NeeleyU.S. Circuit Court for the District of Southern New York · 1906

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