Keegan v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal, by'permission, by the plaintiffs, James Keegan and others from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 30th day of November, 1900, reversing a judgment of the General Term of the City Court of the city of New York, entered in the office of the clerk of said court on the 4th day of June, 1900, which affirmed a judgment of the Trial Term of said City Court in favor of the plaintiffs,…
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Appeal, by'permission, by the plaintiffs, James Keegan and others from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 30th day of November, 1900, reversing a judgment of the General Term of the City Court of the city of New York, entered in the office of the clerk of said court on the 4th day of June, 1900, which affirmed a judgment of the Trial Term of said City Court in favor of the plaintiffs, entered in said clerk’s office on the 16th day of February, 1900, and ordering a new trial.
1Dissent
O’Brien, J. (dissenting) :
The action was to enforce against a surety a decree made by the surrogate of New York county on an accounting by Michael Keegan, as administrator of the estate of Jane Keegan, deceased, pursuant to section 2607 of the Code of Civil Procedure. The decree upon the accounting charged the administrator with a balance of cash, amounting to $254.98, and with three judgments recovered against him by decedent in her lifetime, and amounting, with interest, to $821.53, and adjudges that the administrator should have accounted for such judgments as debts due from him to the…
2Cases cited3 opinions
- Baucus v. . StoverNew York Court of Appeals · 1882
- McMahon v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- Keegan v. SmithAppellate Terms of the Supreme Court of New York · 1900