Brown v. Brown
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. On the 25th day of July, 1845, the testator entered into a written agreement with the plaintiff and Thomas Machín, to pay to them one half of all moneys that might he granted by law or procured by an act of the legislature of the state of Hew York passing on the claim of Conradt Brown, deceased, who by his last will and testament devised and bequeathed to his son Marcus (the testator) a certain amount of property…
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APPEAL from a judgment entered on the report of a referee. On the 25th day of July, 1845, the testator entered into a written agreement with the plaintiff and Thomas Machín, to pay to them one half of all moneys that might he granted by law or procured by an act of the legislature of the state of Hew York passing on the claim of Conradt Brown, deceased, who by his last will and testament devised and bequeathed to his son Marcus (the testator) a certain amount of property taken from him by Col. Willett in the revolutionary war, “on the condition that they (plaintiff and Machín) do obtain a…
1Opinion of the Court
By the Court, Hogeboom, J.
The contract sued on is not of itself and on its face necessarily illegal and void. In such case the legal presumption is in favor of its validity. But it is only a presumption, and not a conclusive inference. On its face the contract is ambiguous. It may cover a legal or an illegal consideration. It is susceptible of either construction.
In such case parol evidence is admissible to determine the intentions of the parties, as to the nature and character of the services to be rendered. This does not violate the rule that a written instrument cannot be contradicted by…
2Cases cited11 opinions
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
- Harris v. Roof's ExecutorsNew York Supreme Court · 1851
- Rose & Hawley v. TruaxNew York Supreme Court · 1855
- Waldron v. . WillardNew York Court of Appeals · 1858
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3Cited by12 opinions
- Crichfield v. Bermudez Asphalt Paving Co.Illinois Supreme Court · 1898
- Doane v. Chicago City Railway Co.Illinois Supreme Court · 1895
- Russell v. BurtonNew York Supreme Court · 1867
- Maguire v. SmockIndiana Supreme Court · 1873
- Sweeney v. McLeodOregon Supreme Court · 1887
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