Moore v. Flagg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William J. Moore, an incompetent person, etc., from á final' judgment of the Supreme Court in favor of the defendant, entered in the. office of the clerk of the county of Hew York on the 4th day of January, 1910, upon the decision of the court, rendered after a trial at the Hew Yoi'k Special Term, sustaining the defendant’s demurrer to the complaint upon, the ground that plaintiff, has no legal capacity to sue,, and dismissing, the said complaint.
1Opinion of the Court
Clarke, J.:
The complaint sets up the following facts: That on January 6, 1909, a petition was presented to the Supreme Court by Sarah A. *339Moore, the mother of William J. Moore, the plaintiff, for an order for a commission to issue to inquire into the alleged habitual drunkenness of the plaintiff and his incompetency by reason thereof; that on the argument of said motion on January twelfth the defendant appeared as attorney for the plaintiff; that on February first the plaintiff purported to execute and deliver his promissory note in writing payable on demand to the defendant for $5,000; that…
2Cases cited16 opinions
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- Noe v. GibsonNew York Court of Chancery · 1839
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Matter of Application of OtisNew York Court of Appeals · 1886
- Sanford v. . SanfordNew York Court of Appeals · 1875
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3Cited by9 opinions
- Von Bulow by Auersperg v. Von BulowDistrict Court, S.D. New York · 1986
- In re SallmaierNew York Supreme Court · 1976
- Anonymous v. AnonymousNew York Family Court · 1972
- Sengstack v. SengstackNew York Supreme Court · 1957
- In re BarnesNew York Supreme Court · 1945
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