Seaman v. Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Nassau county. Action by Albert W. Seaman, as trustee of the estate of Eliza Eagle, deceased, against Gilbert Clarke and another, as executors of the will of David Clarke, deceased. From a judgment dismissing plaintiff’s complaint on the merits, after having previously directed a judgment in plaintiff’s favor, he appeals.
1Opinion of the CourtWoodward, J.
This action was begun on the 6th day of June, 1900, by the service of the summons, and was followed by the complaint, which was served on the 25th day of July. Defendants answered on the 7th day of August, 1900. The action was brought to recover upon six judgments for deficiency, aggregating $17,-872.17,' entered in favor of Jabez Hazzard, as trustee, plaintiff’s predecessor, against David Clarke, defendants’ testator. The judgments of foreclosure and sale bear date July 5, 1879, the judgments for deficiency were docketed on June 8, 1880, and the present action was brought, as stated above,…
2Cases cited7 opinions
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- McNulty v. . HurdNew York Court of Appeals · 1878
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
- Concordia Savings & Aid Ass'n v. ReadNew York Court of Appeals · 1891
- Hein v. . DavidsonNew York Court of Appeals · 1884
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3Cited by5 opinions
- Denton v. MaplesMississippi Supreme Court · 1981
- Rieser v. Baltimore & OR Co.District Court, S.D. New York · 1954
- Williams v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Froelich v. SwaffordSouth Dakota Supreme Court · 1914
- Inter State Vaccine Co. v. Redman, Court of Common Pleas of Ohio, Franklin County, Civil Division1917