Richards v. . Day
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made ¡March 29, 1892, which reversed so much of a judgment, entered upon a decision of the court on trial at Circuit, as dismissed defendant’s counterclaim and directed judgment thereon in favor of plaintiff, and granted a new trial.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made ¡March 29, 1892, which reversed so much of a judgment, entered upon a decision of the court on trial at Circuit, as dismissed defendant’s counterclaim and directed judgment thereon in favor of plaintiff, and granted a new trial. This action was brought to recover for services rendered and for money paid for the defendant’s testatrix, Elizabeth Davis. 0 The defendant put in issue the allegations of the complaint and set up as a counterclaim that the plaintiff and his wife executed tc Mrs. Davis…
1Opinion of the CourtEarl, J.
Neither party upon the trial asked to have the ■ evidence as to the counterclaim submitted to the jury, and there is really no dispute about it. Mrs. Richards the wife of the plaintiff was the daughter of Mrs. Davis, the testatrix, and a paper now appearing as the bond set up in the counterclaim was signed by her and the plaintiff, in pursuance of a family arrangement by which Mrs. Davis distributed property among her children and agreed to take from them bonds to secure her support. The plaintiff and his wife and the testatrix went to a justice of the peace for the purpose of having a bond…
2Cases cited2 opinions
- Drury v. FosterSupreme Court of the United States · 1865
- Chauncey v. . ArnoldNew York Court of Appeals · 1862
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- Deal Farms, Inc. v. Farm & Ranch Supply, Inc.District Court of Appeal of Florida · 1980
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