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Smith v. National Surety Company

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 1, 1899
46 App. Div. 633 (N.Y. App. Div. 1899)

Opinion

December Term, 1899.


Orders affirmed, with ten dollars costs and disbursements. —


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 enforcible 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 defenses they have can be interposed.


Summaries of

Smith v. National Surety Company

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 1, 1899
46 App. Div. 633 (N.Y. App. Div. 1899)
Case details for

Smith v. National Surety Company

Case Details

Full title:Frank Smith, Appellant, v. National Surety Company, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 1, 1899

Citations

46 App. Div. 633 (N.Y. App. Div. 1899)