Kent v. . Kent
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants entered upon an order dismissing plaintiffs’ complaint on trial.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants entered upon an order dismissing plaintiffs’ complaint on trial. (Reported below, 1 Hun, 529; 3 T. & 0., 630.) The complaint alleged in substance that, in 1838, Jonathan Kent entered into an agreement with his son Samuel G. Kent, by which the latter agreed to work for the former upon his farm, and was to receive therefor what the services were worth, payable after the death of the father, who agreed to leave his property so that the same should be paid…
1Opinion of the CourtAllen, J.
The Supreme Court at General Term reversed the decision of the judge at Special Term, but affirmed his judgment upon a ground not considered or made upon the trial, and which was not presented by the record. It was held by the court, at the trial, that the contract, under which the plaintiff’s assignee rendered the services mentioned in the complaint, was void by the statute of frauds, and that therefore a right of action existed against the decedent at once, upon their performance, upon a quantum meruit. It followed that those services having been rendered in 1845, and the debtor dying in…
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- Plimpton v. CurtissNew York Supreme Court · 1836
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