Straus v. Cunningham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ferdinand Straus, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of August, 1912, denying the plaintiff’s motion for judgment on the pleadings and sustaining a demurrer to the complaint.
1Opinion of the Court
Scott, J.:
The question presented by this appeal is when will a moral obligation survive the release of a debt by a composition agreement so as to furnish a .sufficient consideration to support a subsequent promise to pay the debt.
The latest and most comprehensive decision upon this subject in this State is to be found in Taylor v. Hotchkiss (81 App. Div. 470; affd., 179 N. Y. 546). In that case Mr. Justice Hiscocic, writing for the Appellate Division, stated the general rule as follows: “ If plaintiff under proceedings in bankruptcy or in other involuntary form, had been compelled to accept…
2Cases cited2 opinions
- Taylor v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1903
- Taylor v. . HotchkissNew York Court of Appeals · 1904
3Cited by2 opinions
- Williston Savings and Loan Asso. v. KellarNorth Dakota Supreme Court · 1946
- B. Zatinsky & Son, Inc. v. Louis L. Schwartz & Co.New York Supreme Court · 1925