Andrews v. . Brewster
New York Court of Appeals
Arpead from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made October 24, 1889, setting aside a verdict in favor of plaintiff and granting a new trial unless plaintiff stipulates to reduce the verdict as specified, and in case such stipulation is made overruling defendants’ exceptions and denying a motion for a new trial, which stipulation'was made.
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Arpead from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made October 24, 1889, setting aside a verdict in favor of plaintiff and granting a new trial unless plaintiff stipulates to reduce the verdict as specified, and in case such stipulation is made overruling defendants’ exceptions and denying a motion for a new trial, which stipulation'was made. This action was brought to recover damages for an alleged breach of contract between plaintiff and Seabury Brewster, plaintiff’s testator. The facts, so far as material, are stated in the…
1Opinion of the CourtBrown, J.
The agreement which tlié plaintiff alleged in her complaint, and the breach of winch constitutes her cause of action, was that in consideration of plaintiff conveying to' Seabury Brewster her interest in the real estate of which Christopher Starr Brewster died seized, and giving to said Seabury a formal release of all claims which she held against him, he agreed “ that by so doing she would sustain no loss, and that by Ms will he would leave her an e'qual share of his estate with the surviving children of said Christopher Starr Brewster, and an amount more than sufficient to compensate her…
2Cited by22 opinions
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- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Harris v. Nashville Trust Co.Tennessee Supreme Court · 1913
- Emery v. WheelerSupreme Judicial Court of Maine · 1930
- Higgins v. Exchange National BankNew York Supreme Court · 1931
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