Foley v. Foley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catharine Foley, from so much of- a judgment of the Supreme Court in favor of the defendant, John Foley, entered in the office of the clerk of the county of Warren on the 25th day of September, 1896, upon the decision of the court rendered after a trial at the St. Lawrence Special Term, as awards the said defendant, John Foley, damages for repairs, improvements and taxes, and awards the defendant interest upon such repairs, improvements and taxes,…
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Appeal by the plaintiff, Catharine Foley, from so much of- a judgment of the Supreme Court in favor of the defendant, John Foley, entered in the office of the clerk of the county of Warren on the 25th day of September, 1896, upon the decision of the court rendered after a trial at the St. Lawrence Special Term, as awards the said defendant, John Foley, damages for repairs, improvements and taxes, and awards the defendant interest upon such repairs, improvements and taxes, and interest upon the interest which said defendant paid for plaintiff, and denies costs to the plaintiff; also from an…
1Opinion of the Court
Parker, P. J.:
It is manifest from the above statement that the judgment entered is not in conformity with the decision of the court, and that, in some particulars, it cannot be sustained by that decision. It is also apparent that, while the appeal from the judgment does not bring before us all the matters of which the plaintiff complains, yet from both appeals we have before us the whole case. And by considering them together we may examine and pass upon each of the-objections which the plaintiff makes to the judgment as finally entered. Her first objection is that the final judgment…
2Cases cited4 opinions
- Perine v. DunnNew York Court of Chancery · 1819
- Corn Exchange Bank of Chicago v. BlyeNew York Court of Appeals · 1890
- Bolles v. . DuffNew York Court of Appeals · 1871
- Purdy v. . PhilipsNew York Court of Appeals · 1854
3Cited by6 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Rodgers v. . ClementNew York Court of Appeals · 1900
- Osborn v. . CardezaNew York Court of Appeals · 1913
- Twin Realty Corp. v. Glens Falls PortLand Cement Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Dickey v. GoertnerNew York Supreme Court · 1914
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