Legal Opinion

Fogarty v. Fogarty

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

Decided October 23, 1908No. 1PublishedCited by 2 opinions

.Appeal by the defendant, William P. Fogarty, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of April, 1-908, as resettled by an order ^entered in said clerk’s office on the 2d day of June, 1908, granting the plaintiff’s-motion for an inspection of books and papers.

1Opinion of the Court

Ingraham, J.:

This action was brought to have certain deeds absolute on their face by which the plaintiff conveyed to the defendant his interest in certain real property declared to be mortgages, for an accounting, and the reconveyance to the plaintiff of the premises conveyed by such deeds. The complaint alleges' that, prior to the 1st of September, 1905, the plaintiff had borrowed from the moneys of the estate, of Patrick A. Fogarty, deceased, and from .the defendant individually,, divers sums of money aggregating $31,700; that the plaintiff has no knowledge as to whether these were advanced…

2Cited by2 opinions

  1. Van Valkenburgh v. Van ValkenburghAppellate Division of the Supreme Court of the State of New York · 1912
  2. Fogarty v. FogartyAppellate Division of the Supreme Court of the State of New York · 1908

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