Fleischman v. . Furgueson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 2, 1916, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a contract made between husband and wife. The facts, so far as material, are stated in the opinion. The construction placed upon the agreement by the courts below was correct.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 2, 1916, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a contract made between husband and wife. The facts, so far as material, are stated in the opinion. The construction placed upon the agreement by the courts below was correct. (Hoffman v. Æ. F. Ins. Co., 32 N. Y. 405; White v. Hoyt, 73 N. Y. 505; Gillette v. Bank of America, 160 N. Y. 549; Hamer v.…
1Opinion of the CourtCrane, J.
The trial court was of the opinion that by the agreement made between the plaintiff and his wife, Marion F. Fleischman, both parties had contracted not to make wills but to die intestate for the benefit of each other. This conclusion having been unanimously affirmed by the Appellate Division, we are bound by the facts as set forth in the findings, but as these contain the contract in full, the question of its interpretation is open for our consideration. In. other words, we are to say whether or not the findings as made sustain the judgment for the plaintiff.
The agreement was in writing,…
2Cases cited7 opinions
- Wilson v. . FordNew York Court of Appeals · 1913
- Schoellkopf v. . CoatsworthNew York Court of Appeals · 1901
- Buffalo East Side Railroad v. Buffalo Street RailroadNew York Court of Appeals · 1888
- Sanford v. . Brown Brothers Co.New York Court of Appeals · 1913
- Heller v. KalischAppellate Division of the Supreme Court of the State of New York · 1910
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- Laba v. CareyNew York Court of Appeals · 1971
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
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