Kelly v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Richard B. Kelly and another, as executors, etc., of Richard Kelly, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 25th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order bearing date the 10th day of March, 1898, and entered in said clerk’s office, denying the…
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Appeal by the plaintiffs, Richard B. Kelly and another, as executors, etc., of Richard Kelly, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 25th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order bearing date the 10th day of March, 1898, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The action was brought by Richard Kelly to recover the amount paid in satisfaction of a judgment obtained in favor of one Shafer against him, and the sum of $570.25, expenses incurred in defending the action in which such judgment was recovered. The complaint alleges that the defendant executed and issued certain bonds of $1,000 each, secured by a mortgage upon its property;, that said bonds were dated June 9, 1880, bearing interest at six per cent, payable semi-annually; were under seal, and had annexed certain interest warrants or coupons for $30 each, payable on the first days…
2Cases cited6 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- City v. LamsonSupreme Court of the United States · 1870
- McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
- Bailey v. . County of BuchananNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Quackenbush v. MapesAppellate Division of the Supreme Court of the State of New York · 1908
- Harvey v. Guaranty Trust Co.New York Supreme Court · 1929
- Hudson Valley Railway Co. v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1904
- Clutsam v. ChapmanAppellate Terms of the Supreme Court of New York · 1913
3 more not listed; retrieve them via the Exa API.