Tyler v. Hildreth
New York Supreme Court
Appeal from special term, Albany county. Action by Sarah A. Tyler against Timothy P. Hildreth, Alfred C. Peck, Prescott Hildreth, and George B. Thompson on a promissory note made by defendants George B. Thompson and Prescott Hildreth to the order of defendant Timothy P. Hildreth, and indorsed by said Timothy P. Hildreth and Alfred G. Peck. Plaintiff obtained judgment for $932.16 damages, and $28.48 costs. Afterwards the judgment was assigned to one Abner J. Griffin.
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Appeal from special term, Albany county. Action by Sarah A. Tyler against Timothy P. Hildreth, Alfred C. Peck, Prescott Hildreth, and George B. Thompson on a promissory note made by defendants George B. Thompson and Prescott Hildreth to the order of defendant Timothy P. Hildreth, and indorsed by said Timothy P. Hildreth and Alfred G. Peck. Plaintiff obtained judgment for $932.16 damages, and $28.48 costs. Afterwards the judgment was assigned to one Abner J. Griffin. Said Prescott offered to pay the judgment to Griffin, and demanded an assignment thereof, which was refused. The judgment was…
1Opinion of the CourtPutnam, J.
This is an appeal by the defendant Timothy P. Hildreth and by Robert H. Mott from an order directing the latter, as assignee of the judgment obtained in the above action, to assign it to the defendant Alfred G. Peck, or his appointee. The notice of motion was directed to Robert H. Mott. On its return, the defendant Timothy P. Hildreth appeared, and made himself a party to the proceeding.
It is well settled in this state that “a surety, on the payment of a judgment on which he is liable together with the principal, is entitled to be subrogated.” And he can compel an assignment of the judgment…
2Cases cited7 opinions
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Twombly v. . CassidyNew York Court of Appeals · 1880
- Townsend v. . WhitneyNew York Court of Appeals · 1878
- Lane v. Town of HancockNew York Supreme Court · 1890
- Dundee National Bank v. WoodNew York Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. Metropolitan Surety Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Roessler & Hasslacher Chemical Co. v. New York & New Jersey Steamboat Co.District Court, E.D. New York · 1924
- Robertson v. ClockeAppellate Division of the Supreme Court of the State of New York · 1897