Kain v. . Larkin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made ¡November 22, 1892, which, affirmed a judgment in favor of defendants entered upon an order dismissing the complaint on trial and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made ¡November 22, 1892, which, affirmed a judgment in favor of defendants entered upon an order dismissing the complaint on trial and also affirmed an order denying a motion for a new trial. This was a judgment creditor’s action brought by plaintiff, as administratrix of David Kain, deceased, to have adjudged and declared fraudulent and void as to her intestate, a transfer of certain real estate made by the defendant, Patrick Larkin, to his daughter, Mary E. Larkin, an…
1Opinion of the CourtO’Brien, J.
At the trial of this action, upon the defendants’ motion, the court, without taking any proof, dismissed the complaint upon the ground that it did not state sufficient facts to constitute a cause of action. To this ruling and direction the plaintiff’s counsel excepted. The appeal, therefore, presents but a single question, and that is whether, in law, the conxplaint was sufficient as a pleading to give the plaintiff a standing before the court sufficient to enable her to make out her case by proof if she could. The learned trial judge, as well as the General Term, have apparently reached this…
2Cases cited2 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Kain v. . LarkinNew York Court of Appeals · 1892
3Cited by77 opinions
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Kavanaugh v. . Kavanaugh Knitting Co.New York Court of Appeals · 1919
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Aventine Investment Management, Inc. v. Canadian Imperial Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1999
- Brinkley v. CasablancasAppellate Division of the Supreme Court of the State of New York · 1981
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