Smith v. National Surety Co.
This text of 62 N.Y.S. 1105 (Smith v. National Surety Co.) 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.
Opinion
The plaintiff’s judgment has been paid in full, and equity requires that he should transfer to the defendant the judgment, and whatever security he has for its payment. We do not, however, decide that the judgment or the Kalb agreement is enforceable by the defendant. The parties to be affected by a decision of that kind are not all before the court. If the surety company seeks to enforce the judgment or the agreement against either of these parties, whatever defense^ they have can be interposed.
Orders affirmed, with $10 costs and disbursements.
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Cite This Page — Counsel Stack
62 N.Y.S. 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-national-surety-co-nyappdiv-1899.