Holland v. . Grote
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 10, 1908, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to three defenses separately set up in the answer. The questions certified are whether these defenses, respectively, are sufficient in law on the face thereof.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 10, 1908, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to three defenses separately set up in the answer. The questions certified are whether these defenses, respectively, are sufficient in law on the face thereof. While the questions so certified do not expressly include, they are assumed by both parties to involve and present for discussion as a preliminary one the further question whether the complaint states a good cause of…
1Opinion of the CourtHiscock, J.
This action is one in equity brought by a judgment creditor after execution returned unsatisfied to reach the proceeds of certain real estate alleged to have been transferred without consideration and with fraudulent intent by the defendant Augustus H. Grote to the appellant Ida F. Grote, and afterwards transferred by the latter to a purchaser for value. Amongst other defenses the appellant affirmati vely and separately alleged in effect, first, that the complaint did not state facts sufficient to constitute a cause of action; second, that the plaintiff had an adequate and complete remedy at…
2Cases cited12 opinions
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Kain v. . LarkinNew York Court of Appeals · 1894
- Borst v. . CoreyNew York Court of Appeals · 1857
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Sands v. St. JohnNew York Supreme Court · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hearn 45 St. Corp. v. JanoNew York Court of Appeals · 1940
- Henderson Tire & Rubber Co. v. GregoryCourt of Appeals for the Eighth Circuit · 1926
- Levan v. American Safety Table Co.Appellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of MatyaszNew York Surrogate's Court · 1934
- McKenzie v. Wappler Electric Co.Appellate Division of the Supreme Court of the State of New York · 1926
14 more not listed; retrieve them via the Exa API.