Kain v. Larkin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Kain, as administratrix, etc., of David Kain, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ulster on the 13th day of September, 1895, upon the decision of the court rendered after a trial at the Ulster Circuit before the court without a jury dismissing the. plaintiff’s complaint.
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Appeal by the plaintiff, Margaret Kain, as administratrix, etc., of David Kain, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Ulster on the 13th day of September, 1895, upon the decision of the court rendered after a trial at the Ulster Circuit before the court without a jury dismissing the. plaintiff’s complaint. The action was brought to obtain an adjudication that a certain deed conveying certain real property, dated May 1, 1889, made by the defendant Patrick Larkin to the defendant Maria'E. Larkin,, was…
1Opinion of the Court
Putnam, J.:
On the 1st day of May, 1889, when Patrick Larkin delivered to his daughter, Maria E.'Larkin, a deed of his house and lot in Kingston, N. Y., an action was pending against him, brought by Margaret Kain, as admimstratrix .of David Kain, deceased, to recover, damages for his wrongful act, by which the death of the decedent was caused, in which judgment was recovered on the 16th. day of October, 1890, in favor of' the plaintiff for $987.34 damages an,d $5'30.94 costs.
Although the plaintiff’s claim was founded on a tort and its amount was undetermined at the time of the .conveyance in…
2Cases cited9 opinions
- Strong v. LawrenceSupreme Court of Iowa · 1882
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