Gates v. Hames
New York Supreme Court
Appeal from Monroe county court. Action by Flora D. Gates against Sarah 0. Hames on a promise made by defendant to Dorcas Van Alstyne for the benefit of plaintiff. Eliza Gates also sues upon the same promise, and the facts and decision are the same in both cases. From judgments in favor of plaintiffs, defendant appeals.
1Opinion of the CourtDwight, J.
The action was to enforce a promise made by the defendant to a third person, for the benefit of the plaintiffs. The facts in the case were, briefly, the=e: The promisee, Dorcas Van Alstyne, who was the mother of the defendant and the grandmother of the two plaintiffs, held a mortgage (on which about $200 was due) on real estate belonging to the defendant. She discharged the mortgage in consideration of an agreement of the defendant to pay the amount due thereon by boarding her mother, if the latter chose to live with her; or, if not, to pay the amount, after her mother’s death, to five of the…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Todd v. . WeberNew York Court of Appeals · 1884
- Whitaker v. . WhitakerNew York Court of Appeals · 1873
- Duvoll v. WilsonNew York Supreme Court · 1850
3Cited by2 opinions
- Bogardus v. YoungNew York Supreme Court · 1892
- Seager v. TholensAppellate Division of the Supreme Court of the State of New York · 1918