Ladd v. . Stevenson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2, 1887, which affirmed a judgment dismissing plaintiff’s complaint, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2, 1887, which affirmed a judgment dismissing plaintiff’s complaint, entered upon a decision of the court on trial without a jury. (Reported below, 43 Hun, 541.) On or about the first day of March 1878, the defendant Willett agreed, in writing, to repay to the plaintiff a loan of $12,500, in equal monthly installments, and in a certain contingency mentioned “ to give said Ladd satisfactory security for the repayment of said loan by installments above mentioned, or…
1Opinion of the CourtEarl, J.
The court had the power, in the exercise of its discretion, to set aside the judgment entered in favor of the plaintiff after the first trial, and to permit the three defendants, Stevenson and the Goelets, to appear and answer. Mrs. Stevenson, as the administratrix of "her husband’s estate, was interested to the full amount of plaintiff’s claim, for in case he could enforce his judgment against the real estate she, as administratrix, was liable to the Goelets upon the covenants contained in her husband’s deed and the bond of indemnity given by him to the Goelets; and the Goelets were…
2Cases cited1 opinion
- Alling v. . FahyNew York Court of Appeals · 1877
3Cited by242 opinions
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- McKenna v. County of NassauNew York Court of Appeals · 1984
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Gabrelian v. GabrelianAppellate Division of the Supreme Court of the State of New York · 1985
- Matter of HendersonNew York Court of Appeals · 1898
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