Legal Opinion
Hoes v. Nagele
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1898PublishedCited by 2 opinions
Appeal by the defendant, Charles Frederick Nagele, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of December, 1897, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Rumsey, J. :
The complaint alleged substantially the death'of Mrs. Graves, intestate, and that letters of administration were issued to the plaintiff. It set up then that on the 30th of October, 1895, Julia Graves and the defendant entered into an agreement of which the following is a copy:
“ October 30, 1895.
“ This is to certify that I, the undersigned, received from my aunt, Julia Graves, $1,000 in hand paid. In consideration of which I am to make my home her home for the rest of her natural life. I have agreed of my own free will to return the above amount to her if she finds my- own family…
2Cases cited2 opinions
- Swift v. KingsleyNew York Supreme Court · 1857
- De Verry v. SchuylerNew York Supreme Court · 1889
3Cited by2 opinions
- Small v. ShureSupreme Court of Florida · 1957
- Pitts v. PitchfordDistrict Court of Appeal of Florida · 1967