Reilly v. Poerschke

City of New York Municipal Court

Reilly v. Poerschke

14 Misc. 466, 36 N.Y.S. 1111, 72 N.Y. St. Rep. 260

CourtCity of New York Municipal Court

DecidedNovember 15, 1895

StatusPublished

Cited by1 cases

This text of 14 Misc. 466 (Reilly v. Poerschke) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reilly v. Poerschke, 14 Misc. 466, 36 N.Y.S. 1111, 72 N.Y. St. Rep. 260 (N.Y. Super. Ct. 1895).

Pincite

Opinion

Fitzsimohs, J.

The complaint contains, we think, all .the necessary allegations. Morton v. Tucker, 145 N. Y. 244.

It was not necessary to obtain leave of the court to bring an action against the sureties on the bond. It took the place of the liened property, and only the same proceedings were necessary to prosecute the bond as were required to foreclose the lien. Under the complaint- the plaintiff was entitled to a judgment of foreclosure; that being so, he had the right to a judgment against the sureties, on the bond.

The judgment is affirmed, with costs.

Yah Wyck, Ch. J., and McCarthy, J., concur.

Judgment affirmed, with costs.

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