Cohen v. Kahn

Appeal by one of three defendants, in an action for fraud, from an order deny*729ing Ms motion to dismiss the complaint. Order affirmed, with ten dollars costs and disbursements. Appellant’s time to answer is extended until ten days from the entry of the order hereon. The grounds urged for dismissal are (1) that the plaintiff has not legal capacity to sue and (2) that the complaint fails to state facts sufficient to constitute a cause of action. Plaintiff sues her former husband, against whom she obtained a final decree of annulment of their marriage before this action was commenced, and also his…