Werner v. Tuch

New York Court of Appeals

Werner v. Tuch

2 Silv. Ct. App. 544, 29 N.Y. St. Rep. 36

DecidedJanuary 31, 1890

StatusPublished

This text of 2 Silv. Ct. App. 544 (Werner v. Tuch) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Werner v. Tuch, 2 Silv. Ct. App. 544, 29 N.Y. St. Rep. 36 (N.Y. 1890).

Pincite

Opinion

Per Curiam.

The construction of § 1331 of the Code of Civil Procedure, adopted in Grow v. Garlock, 29 Hun, 598, which on an appeal in foreclosure cases holds that an undertaking against waste and for the value of use and occupation operates as a stay of proceedings without a covenant to pay a deficiency, and that the appellant mgy choose to give either form of the undertaking, with equal effect, is approved for the reasons there given.

The order is, therefore, affirmed, with costs.

All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The construction of § 1331 of the Code of Civil Procedure, adopted in Grow v. Garlock, 29 Hun, 598, which on an appeal in foreclosure cases holds that an undertaking against waste and for the value of use and occupation operates as a stay of proceedings without a covenant to pay a deficiency, and that the appellant mgy choose to give either form of the undertaking, with equal effect, is approved for the reasons there given.

The order is, therefore, affirmed, with costs.

All concur.

Cite This Page — Counsel Stack

Bluebook (online)

2 Silv. Ct. App. 544, 29 N.Y. St. Rep. 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werner-v-tuch-ny-1890.