Mossein v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, The Empire State Surety Company, from a judgment, of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of' Kings on the 9th day of March, 1906 upon the verdict of a jury rendered by direction of the court, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 20th day of February, 1906, denying the defendant’s motion to strike the case from the calendar.
1Opinion of the Court
Jenks, J.:
The suit was begun against Manning, this plaintiff’s predecessor; but to avoid confusion I shall speak of Manning as Mossein.
I think that this judgment is erroneous. The defendant was a surety. Johnson secured a judgment in a Municipal Court against Mossein, as president, etc., by default. - After a deal of practice between the parties the Special Term made an order of correction so that Mossein perfected his appeal from an order denying his motion to set aside that judgment. That order also required Johnson or her attorney in that case to make restitution of the sum of $296.17 by…
2Cases cited10 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Genet v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
- Kip v. BrighamNew York Supreme Court · 1810
- First National Bank v. ElliottSupreme Court of Kansas · 1899
- People v. Judges of New-York Commom PleasNew York Supreme Court · 1828
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3Cited by3 opinions
- Goepel v. Robinson Machine Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Shea v. National Surety Co.City of New York Municipal Court · 1932
- Goepel v. Robinson Machine Co.Appellate Division of the Supreme Court of the State of New York · 1907