Legal Opinion
Clark v. Fosdick
New York Court of Common Pleas
Decided June 7, 1886PublishedCited by 3 opinions
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon an order overruling a demurrer to a complaint. The facts are stated in the opinion.
1Opinion of the CourtBookstaver, J.
This action was brought against the defendants by the plaintiff, as trustee, to recover the quarterly payment of $625, due on December 1st, 1885, under certain articles of separation, executed by C. Baldwin Fosdick and Charles B. Fosdick, of the one part, and Jennie P. Fosdick, wife of C. Baldwin Fosdick, and Bainbridge S. Clark, of the other part.
The defendants interposed a demurrer to the complaint, on the grounds:
“ First. That the plaintiff has not the legal capacity to sue, for that the trust has ceased, and the plaintiff has. no longer any interest, the only party in interest at the time…
2Cases cited10 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Rogers v. RogersNew York Court of Chancery · 1834
- Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
- Cropsey v. McKinneyNew York Supreme Court · 1859
- Allen v. AffleckNew York Court of Common Pleas · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Poillon v. PoillonNew York Supreme Court · 1899
- Westover v. WestoverNew York Supreme Court · 1929