Dresser v. Dresser
New York Supreme Court
THIS action was brought for the recovery of damages for the breach of a contract, by which the defendant, for a consideration paid to him, agreed by parol to furnish the plaintiff, at his residence, her support and maintenance as long as .she might live.
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THIS action was brought for the recovery of damages for the breach of a contract, by which the defendant, for a consideration paid to him, agreed by parol to furnish the plaintiff, at his residence, her support and maintenance as long as .she might live. The complaint alleges the making of the agreement on or about the first day of January, 1854, the age of the plaintiff then being about 60 years; a partial breach from the date of the agreement up to July 19, 1859, and a total breach at that date, and demanded damages for the partial breach, and final damages as for a total breach of an…
1Opinion of the CourtBacon, J.
The case fairly presents the question whether the agreement set up by the plaintiff, and upon which a recovery was sought, was within the statute of frauds. The first count alleges that on or about the first day of January, 1854, in consideration of the transfer of certain property, or an interest therein, to him, the defendant agreed to furnish the plaintiff, at his residence, suitable board, care, clothing, &c. from the time of said agreement, during her natural life. It then avers that while the plaintiff remained in the family of the defendant she was abused and ill treated, and finally…
2Cases cited2 opinions
- Moore v. FoxNew York Supreme Court · 1813
- Shaffer v. LeeNew York Supreme Court · 1850
3Cited by18 opinions
- North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
- Schell v. . PlumbNew York Court of Appeals · 1874
- Blake v. . VoigtNew York Court of Appeals · 1892
- Kent v. . KentNew York Court of Appeals · 1875
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
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