Fleming v. Larkin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James J. Larkin, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of March, 1921, denying said defendant’s motion to strike out each and every affirmative defense from the anwer-of the defendant Moran Towing and Transportation Company.
1Opinion of the Court
Merrell, J.:
This appeal is from an order denying the motion of the defendant James J. Larkin, as sole executor and trustee under *625the last will and testament of John Fleming, deceased, for an order to strike from the answer of the defendant Moran Towing and Transportation Company each and every affirmative defense therein set forth.
This action is brought in equity by the plaintiff John Fleming to procure a judicial construction of the last will and testament of his father, John Fleming, deceased, and to obtain the decree of the court directing the defendant James J. Larkin, as sole surviving…
2Cases cited3 opinions
- Nauss v. Nauss Bros.Appellate Division of the Supreme Court of the State of New York · 1921
- Bradley v. SweenyAppellate Division of the Supreme Court of the State of New York · 1907
- North River Savings Bank v. BuckleyNew York Supreme Court · 1911
3Cited by2 opinions
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- State Ex Rel. Westlake v. District Court of First Judicial District Ex Rel. Lewis & Clark CountyMontana Supreme Court · 1946