Legal Opinion

Mott v. De Nisco

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 4 opinions

Appeal by the plaintiff, Emma L. B. Mott, from.au interlocutory judgment, of the Supreme Court in favor of the defendant, entered m the office of the clerk of the county of Westchester on the 5th day of March, 1904, upon the decision of the court, rendered: after a trial at the Westchester Special Term, overruling the plaintiff’s ■ demurrer to the first, second, third, fourth and fifth separate defenses. contained in the defendant’s answer. ,

1Per curiam

This is an appeal from -an interlocutory judgment overruling the plaintiff’s demurrer to each of the first five separate defenses, contained in defendant’s answer. The complaint alleges that Emma L. *155B. Oappelmann on the lOtli of June, 1895, was married to the •defendant, and at that time owned a large amount of property, •describing it; that at the time of her marriage she was sixty-nine years of age, arid defendant was thirty-three; that she was and had been for several years in feeble health, and the defendant was a laborer at small wages, without means, was of foreign birth, and could…

2Cases cited5 opinions

  1. Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
  2. Thompson v. . HalbertNew York Court of Appeals · 1888
  3. Matthews v. BeachThe Superior Court of New York City · 1841
  4. Sbarboro v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1898
  5. Matthews v. Moses S.New York Court of Appeals · 1853

3Cited by4 opinions

  1. Browning, King & Co. v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1911
  2. Thistle v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
  3. Jackson v. PesciaNew York Supreme Court · 1909
  4. Paul v. Cosmopolitan Bank, New York County Courts1915

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