Keegan v. Smith
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a determination of the General Term of the City Court of the city of Hew York, affirming a judgment rendered in favor of the plaintiffs after a trial before the court without a jury. Action by the next of kin of James Keegan, deceased, against the sureties upon the bond of his administrator. The material facts are stated in the opinion. The accounting of the administrator, referred to therein, was' compulsory.
1Opinion of the CourtGiegerich, J.
The questions here presented for review were disposed of upon a former appeal (McMahon v. Smith, 24 App. *75Div. 25; Keegan v. Smith, id.) — excepting those relating tot the defense that the administrator was at the time of the death of the intestate and ever since has been unable to pay the judgments which the latter had secured against him, and that he could not, by the exercise of due diligence, have collected the same, or any part thereof, which defense is set up in the amended answer served since the decision of the earlier appeal.
The trial court, by the sixth finding of fact, among other…
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. SmithCity of New York Municipal Court · 1900
3Cited by2 opinions
- In re the Judicial Settlement of the Account of DavisNew York Surrogate's Court · 1902
- Keegan v. SmithAppellate Division of the Supreme Court of the State of New York · 1901