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Stuart v. Northrup

147 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1914-05-06 English

Contents

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p. 1144
STUART, Appellant, v. NORTHRUP, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
May 6, 1914.)

Headnote

Action by Malvina Stuart against Mrs. "Gilbert Northrup.

Judgment of County Court reversed, and judgment of Justice’s Court reinstated, with costs to appellant in this court and in County Court. Held, that the defendant, not having given the undertaking as required by section 2952 of the Code of Civil Procedure, was precluded in her defense from drawing the title in question. Section 2955, Code of Civil Procedure.