Mooney v. Byrne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Anastasia Byrne and others, from an interlocutory judgment of the Superior Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 18th day of October, 1895, upon the decision of the court, rendered after a trial at a Special Term of the Superior Court, sustaining the plaintiff’s demurrer to certain defenses contained in the answer of the said defendants, and also from an order made at a…
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Appeal by the defendants, Anastasia Byrne and others, from an interlocutory judgment of the Superior Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 18th day of October, 1895, upon the decision of the court, rendered after a trial at a Special Term of the Superior Court, sustaining the plaintiff’s demurrer to certain defenses contained in the answer of the said defendants, and also from an order made at a Special Term of said court and entered in the office of the clerk of said court on the 18th day of October, 1895, sustaining…
1Opinion of the Court
Van Brunt, P. J.:
The complaint in this action alleged that on the 14th of August, 1878, the plaintiff was seized in fee of certain premises in the city of New York of the value of $10,000 and upwards; that on said day she was indebted to one Owen Byrne in the sum of $2,875.10, with interest, being the aggregate of three mortgages on the premises held by said Byrne, and in the further sum of $150 paid by said Byrne on account of the-plaintiff, and also for further sums paid by said Byrne in discharge of certain assessments, water rates and taxes upon said premises; that upon said day the…
2Cases cited2 opinions
- Mills v. . MillsNew York Court of Appeals · 1889
- Ridgway v. BaconNew York Supreme Court · 1893
3Cited by4 opinions
- Spencer v. RichmondAppellate Division of the Supreme Court of the State of New York · 1899
- Spencer v. RichmondAppellate Division of the Supreme Court of the State of New York · 1899
- Doty v. NortonAppellate Division of the Supreme Court of the State of New York · 1909
- Mooney v. ByrneAppellate Division of the Supreme Court of the State of New York · 1897