Legal Opinion

Roberts v. . Cobb

New York Court of Appeals

Decided December 7, 1886PublishedCited by 12 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 8, 1886, which affirmed a judgment entered upon a verdict directed by the court. This action was upon a promissory note executed by Abby G. Barker, defendant’s testator, payable to the trustees of the First Baptist Church of Tarrytown, or order, for the sum of $2,500, which note was assigned and transferred by said trustees to the plaintiff.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 8, 1886, which affirmed a judgment entered upon a verdict directed by the court. This action was upon a promissory note executed by Abby G. Barker, defendant’s testator, payable to the trustees of the First Baptist Church of Tarrytown, or order, for the sum of $2,500, which note was assigned and transferred by said trustees to the plaintiff. The material facts are stated in the opinion. There was no consideration for the promise of defendant’s testatrix and it…

1Opinion of the CourtEarl, J.

The persons interested in the First Baptist Church of Tarrytown had, prior to the 1st day of May, 1881, been engaged in building a church ¡edifice, and at that time there was a mortgage upon the church property, upon which there was then due about $15,000. An effort was then being made by the church to raise the funds to discharge that mortgage, with a view to the dedication of the church in the near future. Rev. Mr. Horr, the pastor of the church, was active and efficient on its behalf in procuring subscriptions and pledges for that purpose. About the first of May he called upon Mrs. Barker,…

2Cases cited1 opinion

  1. Trustees of Hamilton College v. . StewartNew York Court of Appeals · 1848

3Cited by12 opinions

  1. Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
  2. Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
  3. Lasar v. JohnsonCalifornia Supreme Court · 1899
  4. Liberty Maimonides Hospital v. Felberg, New York County Courts1957
  5. South v. First Nat. BankAlabama Court of Appeals · 1920

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