Fitzmahony v. Caulfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marie J. Fitzmahony (formerly Marie J. Cody), as administratrix, etc., of Michael J. Cody, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 6th day of July, 1896, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Goodrich, P. J.:
The action is to foreclose a mortgage of $500, dated February 6, 1879, and executed by the defendants to Michael J. Cody, who died intestate April 10, 1883. Letters of administration were issued to the plaintiff on July 25, 1883. Mrs. Cody subsequently married. The answer alleges payment during Cody’s lifetime.
There have been two trials before the same justice, both resulting in judgments for the defendants. From the first judgment an appeal was taken to the General Term, which reversed the judgment on the ground, among others, that it did not appear that the plaintiff had…
2Cases cited1 opinion
- Fitzmahoney v. CaulfieldNew York Supreme Court · 1895
3Cited by1 opinion
- Walsh v. GrayAppellate Division of the Supreme Court of the State of New York · 1925