Legal Opinion

Kain v. . Larkin

New York Court of Appeals

Decided March 1, 1892PublishedCited by 52 opinions

Appeal from judgment of the General Ter hi of the Supreme Court in the third judicial department, entered upon an order made December 28,1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Circuit without a jury. In November, 1886, the defendant Patrick Larkin, then a police officer in the city of Kingston, killed the plaintiff’s intestate, David Ifaiu."

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Appeal from judgment of the General Ter hi of the Supreme Court in the third judicial department, entered upon an order made December 28,1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Circuit without a jury. In November, 1886, the defendant Patrick Larkin, then a police officer in the city of Kingston, killed the plaintiff’s intestate, David Ifaiu." Thereafter the plaintiff was appointed administratrix of the estate of the deceased, who was her son; and on the 6th day of January, 1887, she brought an action against Patrick Larkin to…

1Opinion of the Court

Earl, Ch. J.

There was a fatal defect in the plaintiff’s proof to establish the allegation in the complaint that the deed from Patrick Larkin conveying his real estate to his daughter was executed for the purpose of hindering, delaying and defrauding his creditors.

It is provided in the Revised Statutes (2 R. S. p. 137, § 1) that every conveyance of land made with the intent to hinder, delay or defraud creditors of their lawful suits, damages, forfeitures, debts or demands, as against the person so hindered, delayed or defrauded, shall be void; and in section 4 it is provided that the question…

2Cases cited7 opinions

  1. Cuyler v. . McCartneyNew York Court of Appeals · 1869
  2. Newcomb v. . GriswoldNew York Court of Appeals · 1862
  3. Dygert v. RemerschniderNew York Court of Appeals · 1865
  4. Hamilton v. PeopleMichigan Supreme Court · 1874
  5. Pence v. CroanIndiana Supreme Court · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Ga Nun v. . PalmerNew York Court of Appeals · 1916
  2. Kain v. . LarkinNew York Court of Appeals · 1894
  3. Kerker v. . LevyNew York Court of Appeals · 1912
  4. Coleman v. HageySupreme Court of Missouri · 1913
  5. Lent v. . ShearNew York Court of Appeals · 1899

47 more not listed; retrieve them via the Exa API.

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