Cromwell v. Simons
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by Annie S. Simons against William Nelson Cromwell and Louis J. Cramer, executors of the will of Mrs Frank Leslie, deceased. Judgment for plaintiff, and defendants bring error. Affirmed.
1ConcurrenceManton, Circuit Judge
On this writ the plaintiffs in error seek review of a judgment recovered on a cause of action resting on a promise made by the decedent, Mrs. Leslie, to the defendant in error in 1902, in consideration of personal services theretofore and to be thereafter rendered by her to bequeath her a legacy of $50,-000, whereas Mrs. Leslie bequeathed her a legacy of only $10,000. The right to a jury trial of the basis of this claim and the sufficiency of the complaint was upheld in Ex parte Simons, 247 U. S. 231, 38 Sup. Ct. 497, 62 L. Ed. 1094. This court reversed a judgment for plaintiffs in error upon…
2Cases cited18 opinions
- Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
- Thompson v. Maxwell Land Grant & Railway Co.Supreme Court of the United States · 1897
- Roberts v. CooperSupreme Court of the United States · 1858
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
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