Rosseau v. . Rouss
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 29, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Eva S. F. Rosseau, the mother of the plaintiff, was a person interested in the event of the action, and an incompetent witness.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 29, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Eva S. F. Rosseau, the mother of the plaintiff, was a person interested in the event of the action, and an incompetent witness. (Embler v. H. B. Ins. Co., 158 N. Y. 431; Durnherr v. Rau, 135 N. Y. 219; Vrooman v. Turner, 69 N. Y. 280; Connelly v. O'Cormor, 117 N. Y.…
1Opinion of the CourtVann, J.
Mainly upon the testimony of his mother, the plaintiff, a lad not yet in 1ns teens, has recovered more than one hundred thousand dollars from the estate of his putative father by the judgment now before us for review. The recovery'was founded upon an alleged oral agreement made between the father and mother on the 8th of June, 1901, whereby, as it is alleged in the complaint, in consideration of her promise “ to care for and provide for the support and maintenance ” of the son until the 4th of June, 1902, the father “ promised and agreed to pay to and settle upon the ” son “ the sum of one…
2Cases cited11 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Todd v. . WeberNew York Court of Appeals · 1884
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
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3Cited by97 opinions
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Stiles v. BreedSupreme Court of Iowa · 1911
- Middleworth v. . OrdwayNew York Court of Appeals · 1908
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