Melenky v. . Melen
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 1, 1921, which reversed an order of Special Term sustaining a demurrer to the complaint and overruled said demurrer. The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action? ” This action is not brought by the real party in interest. (Code Civ.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 1, 1921, which reversed an order of Special Term sustaining a demurrer to the complaint and overruled said demurrer. The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action? ” This action is not brought by the real party in interest. (Code Civ. Pro. § 449; Civil Practice Act, § 210; Clark v. Dada, 183 App. Div. 253.) Plaintiff has no interest to protect. (Real Property Law, § 190; Clifford v.…
1Opinion of the CourtCardozo, J.
The case is here on a demurrer to the complaint.
In December, 1913, Reuben Melenky conveyed land in the city of Rochester to his son Asher P. Melenky, now Asher P. Melen. The deed was made that the son might manage the property in the absence of the father, and was coupled with an oral promise to reconvey upon demand. In August, 1914, the father married again; and the plaintiff is his wife. Before the marriage, he told her that he was the owner of valuable real estate in Rochester, She relied upon his statement in consenting to the marriage. Four years later, the son, when asked to reconvey,…
2Cases cited18 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
- Schenck v. . BarnesNew York Court of Appeals · 1898
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