Legal Opinion

Strakosch v. Connecticut Trust & Safe Deposit Co.

Supreme Court of Connecticut

Decided July 5, 1921PublishedCited by 18 opinions

Action to recover damages for the alleged breach of an oral contract relating to the adoption of the plaintiff by the defendant’s testator, pursuant to which an adoption was afterward executed in legal form, brought to the Superior Court in Litchfield County where a demurrer to the complaint was overruled (Greene, /.) and the cause was afterward tried to the court, MaltMe, J.; facts found and judgment rendered for the plaintiff for $39,640, and appeal by the defendant.

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Action to recover damages for the alleged breach of an oral contract relating to the adoption of the plaintiff by the defendant’s testator, pursuant to which an adoption was afterward executed in legal form, brought to the Superior Court in Litchfield County where a demurrer to the complaint was overruled (Greene, /.) and the cause was afterward tried to the court, MaltMe, J.; facts found and judgment rendered for the plaintiff for $39,640, and appeal by the defendant. Carl Strakosch, an Austrian by birth, married Clara Louise Kellogg in 1887, she then being forty-seven years old and he…

1Opinion of the CourtGager, J.

This action is based upon a contract to provide the plaintiff with a specific annual income for life. It is apparent that the whole bargain consisted of two parts: the adoption as the condition and consideration on the part of the plaintiff, and the creation of an annual income by Mr. Strakosch in return for the performance of the condition, and to make her independent, whatever he might thereafter do with his property. On June 21st, 1916, the plaintiff performed the condition and thereupon became entitled to the performance by Strakosch of his undertaking to make provision for her income.…

2Cases cited17 opinions

  1. Chapin v. . DobsonNew York Court of Appeals · 1879
  2. Belfield v. BoothSupreme Court of Connecticut · 1893
  3. Nelson v. Branford Lighting & Water Co.Supreme Court of Connecticut · 1903
  4. Oles v. WilsonSupreme Court of Colorado · 1914
  5. Collins v. TillouSupreme Court of Connecticut · 1857

12 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Sims v. SmithSupreme Court of Connecticut · 1932
  2. Rayhol Co. v. HollandSupreme Court of Connecticut · 1930
  3. Spellacy v. American Life Ins. Assn.Supreme Court of Connecticut · 1957
  4. Lapierre v. CabralSupreme Court of New Hampshire · 1982
  5. Dombroski v. AbramsSupreme Court of Connecticut · 1933

13 more not listed; retrieve them via the Exa API.

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