Delaney v. Miller
New York Supreme Court
Appeal from special term, Albany county. Action by Peter A. Delaney against Charles Miller, Jr., on an undertaking given on appeal. From an interlocutory judgment sustaining plaintiff’s demurrer to a counterclaim set up in defendant’s answer, defendant appeals. Reversed.
1Opinion of the CourtMayham, P. J.
This action- is brought upon an undertaking, signed by the defendant as surety, on an appeal from a judgment of the city court of Albany to the Albany county court, on the trial of which the appellant was defeated, and judgment entered against him for costs only, on which judgment execution was issued, and returned wholly unsatisfied. The respondent, in whose favor the judgment on appeal was entered, assigned the judgment to this plaintiff, who is an attorney of this court, and was the attorney for the respondent on the appeal, and claims in the complaint in *1060this action that he has not been…
Also in this document: Concurrence.
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Coit v. . StewartNew York Court of Appeals · 1872
- Furber v. McCarthyNew York Supreme Court · 1889
- Wickham v. WeilNew York Court of Common Pleas · 1892
3Cited by5 opinions
- Delaney v. MillerNew York Supreme Court · 1895
- Sterne v. TalbottNew York Supreme Court · 1895
- Bien v. FreundAppellate Division of the Supreme Court of the State of New York · 1898
- Bamberger v. OshinskyNew York Supreme Court · 1897
- Bien v. FreundAppellate Division of the Supreme Court of the State of New York · 1898