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 25th day of November, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Hooker, J.:
By an order of the Special Term of this court, in the case of Johnson against the present plaintiff, entered on the 3d day of April, 1902, the plaintiff in that case was directed to make restitution of moneys paid to her through the sheriff by a third party pursuant to ■certain third party orders in supplementary proceedings. The plaintiff in that case appealed to this court from that order and upon that appeal gave the undertaking upon which the judgment in the appeal now before us was based. After reciting generally the terms of the order, the undertaking provided : “ Now,…
2Cases cited4 opinions
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Wing v. . RogersNew York Court of Appeals · 1893
- Carter v. . HodgeNew York Court of Appeals · 1896
- Johnson v. ManningAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by7 opinions
- In re the Accounting of LuckenbachNew York Surrogate's Court · 1943
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
- In re the Estate of BehnckeNew York Surrogate's Court · 1939
- Blue Ridge Coal Corp. v. LewisAppellate Division of the Supreme Court of the State of New York · 1924
- City of New Rochelle v. SeacordAppellate Division of the Supreme Court of the State of New York · 1942
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