McKinney v. McCloskey
New York Court of Common Pleas
Appeal from a judgment of this court, entered on the verdict of a jury, and from an order denying a motion made on the minutes for a new trial. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The true interpretation of the clause of the statute rendering void every agreement that, by its terms, is not to be performed within a year from the making of it, is that it refers to an agreement which does not admit of a valid execution within that time. (Browne on the Statute of Frauds, § 273.) If it may be performed within a year, it is not within the statute.
The agreement in this case was that the plaintiff would take sole charge, custody and control of the boy John Logue, who was an orphan, then about seven years old, exercise the duties and cares of a…
2Cases cited3 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Wiggins v. KeizerIndiana Supreme Court · 1855
- Drummond v. A. & N. BurrellNew York Supreme Court · 1835
3Cited by7 opinions
- Duncan v. ClarkeNew York Court of Appeals · 1955
- McGirr v. CampbellAppellate Division of the Supreme Court of the State of New York · 1902
- Claim of Robinson v. Estate of HayesAppellate Division of the Supreme Court of the State of New York · 1924
- Jagau v. GoetzNew York Court of Common Pleas · 1895
- Wooldridge v. SternU.S. Circuit Court for the District of Western Missouri · 1890
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