Hendricks v. . Isaacs
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order-made May 10, 1889, which modified, by deducting certain allowances for costs and affirmed, as modified, a judgment in favor of plaintiff, entered upon the report of a referee upon reference under the statute of a claim presented by plaintiff against the estate of his wife Justina B. Hendricks.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order-made May 10, 1889, which modified, by deducting certain allowances for costs and affirmed, as modified, a judgment in favor of plaintiff, entered upon the report of a referee upon reference under the statute of a claim presented by plaintiff against the estate of his wife Justina B. Hendricks. The referee found, in substance, the following facts: Montague M. Hendricks, the father of the plaintiff, Mortimer Hendricks, died in May, 1884, leaving a last will and testament, which…
1Opinion of the CourtAndrews, J.
The advances made by the plaintiff to his wife in the summer of 1884 were made for the support of the family and upon her written promise to reimburse the plaintiff from the interest, when received by her, “ out of the estate of M. M. Hendricks, deceased.” This was the clear legal import of the writing, interpreted in connection with the circumstances. The money advanced, though received by the daughter, was received for the mother. The daughter entered into no engagement for its repayment. The receipts acknowledged the receipt of the sums advanced, and that they were to be repaid by the…
2Cases cited7 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Reade v. LivingstonNew York Court of Chancery · 1818
- McAleer v. HorseyCourt of Appeals of Maryland · 1872
- Clarke v. . LeuppNew York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
- Edleson v. EdlesonCourt of Appeals of Kentucky · 1918
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
44 more not listed; retrieve them via the Exa API.