Zeiser v. Cohn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sara Oppehheim Cohn, individually and as executrix, etc., and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 22d day of December, 1910, upon the decision of the court rendered after a trial at the Albany Trial Term, a jury having been waived. •
1Per curiam
We have examined the facts and are satisfied they well sustain the judgment. The plaintiff was not bound to elect whether he would pursue Jacob Cohn alone or Theresa Cohn. Theresa received Jacob’s property and agreed to pay the plaintiff’s .debt, with interest, and the plaintiff could sue either or both. The propriety of the form of action is settled by our former decision. (See 118 App. Div. 9.13.) The record establishes that the present defendants have certain property which originally passed from Jacob Cohn to Theresa Cohn as- a consideration for her agreement to pay plaintiff’s debt, and…
2Cases cited1 opinion
- Smith v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Barbarita v. ShillingAppellate Division of the Supreme Court of the State of New York · 1985
- Washburn v. RainierAppellate Division of the Supreme Court of the State of New York · 1912
- Rochester Savings Bank v. Stoeltzen & Tapper, Inc.New York Supreme Court · 1941
- Safford v. LevinNew York Supreme Court · 1932