Ga Nun v. . Palmer
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 1, 1910, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term dismissing the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of anticipatory breach does not apply to the case at bar. (Kelly v. Ins.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 1, 1910, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term dismissing the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of anticipatory breach does not apply to the case at bar. (Kelly v. Ins. Co., 186 N. Y. 16; Burtis v. Thompson, 42 N. Y. 246; Hochster v. De la Tour, 2 El. & Bl. 678; Howard v. Daly, 61 N. Y. 362; Windmuller…
1Opinion of the CourtHaight, J.
This action was brought to recover the sum of $20,000, alleged to be due and owing the plaintiff from the defendant’s testatrix, and also to set aside certain transfers of property by the testatrix in her lifetime, alleged to have been made in fraud of the rights of creditors. The answer admits the making of a will by the defendant’s testatrix and its admission to probate and denies the other allegations of the complaint, and then alleges that if any cause of action existed it is barred by the Statute of Limitations.
The contract upon which the plaintiff seeks to recover is as follows:
“Nov.…
2Cases cited8 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Howard v. . DalyNew York Court of Appeals · 1875
- Crawford v. . McCarthyNew York Court of Appeals · 1899
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Rachmani Corp. v. 9 East 96th Street Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Palmetto Partners, L.P. v. AJW Qualified Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
41 more not listed; retrieve them via the Exa API.