Milliken v. Fidelity & Deposit Co. of Maryland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William A. Milliken, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of October, 1908, denying the plaintiff’s motion for judgment upon the pleadings.
1Opinion of the Court
Clarke, J.:
Appeal from an order denying a motion of plaintiff for judgment on the pleadings. The complaint alleges that on or about the 19th of May, 1906, a judgment was rendered in favor of plaintiff Milliken against .Napoleon B. Dotson for the sum of $25,850.78; that said Dotson appealed from said judgment upon the 16th day of June, 1906, to the Appellate Division, and on the 11th day of August, 1906, said Dotson caused to be given a written undertaking executed by defendant in order to stay the execution of said judgment, which undertaking was, on August 15, 1906, approved by a justice of…
2Cases cited6 opinions
- Booth v. MillikenAppellate Division of the Supreme Court of the State of New York · 1908
- Wehle v. . SpellmanNew York Court of Appeals · 1879
- Henry v. SalisburyAppellate Division of the Supreme Court of the State of New York · 1898
- Arkenburgh v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1906
- Friede v. WeissenthannerAppellate Terms of the Supreme Court of New York · 1899
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3Cited by5 opinions
- Emanuel v. WalterAppellate Division of the Supreme Court of the State of New York · 1910
- Longenecker v. Longenecker Bros.New York Supreme Court · 1913
- Regierer v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1912
- Chapman v. George R. Read & Co.City of New York Municipal Court · 1911
- Fried v. Continental Casualty Co.City of New York Municipal Court · 1935