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Werner v. Tuch

2 Silv. Ct. App. 544, 29 N.Y. St. Rep. 36
Procedural entryThis page is a short order in Werner v. Tuch. Read the opinion of the Court — 127 N.Y. 217 →
New York Court of Appeals·Decided January 31, 1890·Published

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.

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

2 Silv. Ct. App. 544 (Werner v. Tuch) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.