Coffey v. Lexow
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph F. Coffey, as administrator, etc., 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 23d day of May, 1921, denying plaintiff’s motion for an order directing the defendant to accept plaintiff’s notice of appeal, and also from an order, entered in said clerk’s office on the 21st day of June, 1921, denying plaintiff’s motion for an order .resettling an…
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Appeal by the plaintiff, Joseph F. Coffey, as administrator, etc., 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 23d day of May, 1921, denying plaintiff’s motion for an order directing the defendant to accept plaintiff’s notice of appeal, and also from an order, entered in said clerk’s office on the 21st day of June, 1921, denying plaintiff’s motion for an order .resettling an order, entered on the 24th day of February, 1921, by striking from the recital therein that the order was made upon briefs…
1Opinion of the Court
Smith, J.:
These appeals were argued together and will be discussed together. A statement of the facts will disclose the situation, and from .that situation may be determined the rights of the parties upon these two appeals. This action is brought to recover upwards of $22,000 claimed to have been received by the defendant for the benefit of plaintiff’s intestate in 1899. This sum represents the value of certain stocks and bonds delivered to the defendant to be held for the benefit of plaintiff’s intestate. Michael J. Coffey, the plaintiff’s intestate, died in 1907, and one Michael J. Kennedy…
2Cited by3 opinions
- Burn v. CoyleAppellate Division of the Supreme Court of the State of New York · 1940
- Alfaro v. AlfaroAppellate Division of the Supreme Court of the State of New York · 1956
- Sitowsky v. SitowskyAppellate Terms of the Supreme Court of New York · 1957