East River & Astoria Land Co. v. Kindred
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, J. Joseph Kindred and others, from an interlocutory. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 17th day of March, 1907, upon an order made at the Queens County Special Term and entered in said clerk’s office on the 16th day of March, 1908, overruling the said defendants’ demurrer to the complaint, and also (as stated in the notice of appeal) from the said order upon…
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Appeal by the defendants, J. Joseph Kindred and others, from an interlocutory. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 17th day of March, 1907, upon an order made at the Queens County Special Term and entered in said clerk’s office on the 16th day of March, 1908, overruling the said defendants’ demurrer to the complaint, and also (as stated in the notice of appeal) from the said order upon which the interlocutory judgment was entered. The defendant J. Joseph Kindred made a contract with two associates that they…
1Opinion of the Court
GAYNOR, J.:
The complaint is for specific performance of a contract of sale of real property by the defendant- J. Joseph Kindred. It alleges that he was the owner and entitled to the possession of the property when he made the contract, but that the title stood in the name of his sister “ for his use and benefit ”, and that since she has conveyed it to his wife, and that the latter holds it “ fór his use and benefit ” ; and they are made parties defendant with him. They demur together on the grounds (1) that the plaintiff has not the legal capacity to sue, and (2) that the complaint does not…
2Cited by3 opinions
- Lockhart v. FerreyOregon Supreme Court · 1911
- Day v. DevittNew Jersey Court of Chancery · 1911
- Newman v. ResnickNew York Supreme Court · 1963