Barker v. Laney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary K. Laney, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 2d day of October, 1894, upon the report of • a referee. This action was commenced on the 10th day of March, 1890,. in the name of “ Enos G. Laney, individually and as administrator of the goods, chattels and credits of James Laney, deceased.”
Read the full summary
Appeal by the defendant, Mary K. Laney, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 2d day of October, 1894, upon the report of • a referee. This action was commenced on the 10th day of March, 1890,. in the name of “ Enos G. Laney, individually and as administrator of the goods, chattels and credits of James Laney, deceased.” Enos G-. Laney died on the. twenty-fifth day of March leaving a will, and the present plaintiffs were named and have qualified as his executors. In Kovember, 1893, an order was made…
1Opinion of the Court
Hardin, P. J.:
Defendant interposed a demurrer to the complaint, and also made a motion to dissolve the injunction. The demurrer was overruled and an order was granted denying the motion to dissolve the injunction. An appeal was taken from the interlocutory judgment, and also from the order denying defendant’s motion to dissolve the injunction. A decision was made upon the appeal and is found reported in 33 New York State Reporter, 673. It was held at that time that the complaint sufficiently stated a cause of action. It was also stated that, under the circumstances disclosed by the complaint,…
2Cases cited3 opinions
- N.Y. Harlem R.R. Co. v. . HawsNew York Court of Appeals · 1874
- Neilley v. . NeilleyNew York Court of Appeals · 1882
- Cross v. SmithNew York Supreme Court · 1895
3Cited by3 opinions
- Stevens v. WeissNew York Supreme Court · 1898
- Clark v. SmithAppellate Division of the Supreme Court of the State of New York · 1904
- Obelisk Waterproof Co. v. CloherNew York Supreme Court · 1920