Northern Bank v. Mulligan

Appellate Division of the Supreme Court of New York

Northern Bank v. Mulligan

156 A.D. 927, 142 N.Y.S. 1132

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1913

StatusPublished

This text of 156 A.D. 927 (Northern Bank v. Mulligan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Northern Bank v. Mulligan, 156 A.D. 927, 142 N.Y.S. 1132 (N.Y. Ct. App. 1913).

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Opinion

Per Curiam:

The plaintiff’s judgment was for $15,215.98. The title to the property of the two sureties was seriously embarrassed with liens, some of which were under foreclosure. Furthermore the gross value of the equities of the several sureties in such property was not satisfactorily proven to be adequate to justify their acceptance as sureties. The order appealed from should be reversed, with ten dollars costs and disbursements of this appeal, and application to approve undertaking denied, with leave to defendants to substitute another undertaking, with other or further sufficient- sureties, with leave to respondent to except thereto, such undertaking to be filed and served within ten days of the service of the order of this court to be entered hereunder upon the attorney for the respondents. Present—-Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, motion to approve undertaking denied, with leave to defendants to substitute another undertaking as indicated in opinion. Order to be settled on notice.

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Per Curiam:

The plaintiff’s judgment was for $15,215.98. The title to the property of the two sureties was seriously embarrassed with liens, some of which were under foreclosure. Furthermore the gross value of the equities of the several sureties in such property was not satisfactorily proven to be adequate to justify their acceptance as sureties. The order appealed from should be reversed, with ten dollars costs and disbursements of this appeal, and application to approve undertaking denied, with leave to defendants to substitute another undertaking, with other or further sufficient- sureties, with leave to respondent to except thereto, such undertaking to be filed and served within ten days of the service of the order of this court to be entered hereunder upon the attorney for the respondents. Present—-Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, motion to approve undertaking denied, with leave to defendants to substitute another undertaking as indicated in opinion. Order to be settled on notice.

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Bluebook (online)

156 A.D. 927, 142 N.Y.S. 1132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northern-bank-v-mulligan-nyappdiv-1913.