From Casetext: Smarter Legal Research

Flash v. Rummel

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 24, 1937
250 App. Div. 833 (N.Y. App. Div. 1937)

Opinion

March 24, 1937.

Present — Sears, P.J., Edgcomb, Thompson, Lewis and Cunningham, JJ.


Order so far as appealed from affirmed, with ten dollars costs and disbursements. Memorandum: Construing the complaint liberally as we are required to do, we find sufficient facts alleged, although inartistically pleaded, to constitute a cause of action, on the basis of the existence of incompetency of the plaintiff's intestate to the knowledge of defendant at the time of the conveyance. All concur, except Thompson, J., not voting. (The order denies defendant's motion to dismiss the complaint as to the plaintiff in his individual capacity in an action for an accounting for property alleged to have been secured through fraud.)


Summaries of

Flash v. Rummel

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 24, 1937
250 App. Div. 833 (N.Y. App. Div. 1937)
Case details for

Flash v. Rummel

Case Details

Full title:LEROY FLASH, Individually and as Administrator, etc., of EDWARD B. FLASH…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 24, 1937

Citations

250 App. Div. 833 (N.Y. App. Div. 1937)