Legal Opinion
De Flammercourt v. Ascer
New York Supreme Court
Decided March 11, 1938PublishedCited by 5 opinions
1Opinion of the CourtNoonan, J.
The defendant moves for the dismissal of the complaint on the grounds that the plaintiff has not legal capacity to sue and that the court has not jurisdiction of the subject-matter of, or parties to, this action.
This action is based on drafts and acceptances in the sum of frs. 125,000 which were made by the plaintiff and accepted by the defendant in Paris, France, and which represented the settlement of a claim for frs. 442,000, which was predicated, according to the plaintiff, on moneys loaned by her to the defendant.
The affidavit of the defendant states that the parties are both aliens, and…
2Cases cited4 opinions
- Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
- Smith v. CrockerAppellate Division of the Supreme Court of the State of New York · 1897
- Furbush v. NyeAppellate Division of the Supreme Court of the State of New York · 1897
- Smith v. . CrockerNew York Court of Appeals · 1900
3Cited by5 opinions
- "Lola Almandares" v. "Diego Almandares"New York Family Court · 1946
- Gilbert v. Gulf Oil CorporationCourt of Appeals for the Second Circuit · 1946
- "Vincenza" v. "Vincenza"New York Family Court · 1950
- City of Albany v. McMorranNew York Supreme Court · 1962
- Gilbert v. Gulf Oil CorporationCourt of Appeals for the Second Circuit · 1946