Union National Bank v. Leary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary C. Leary, as administratrix, etc., of James D. Leary, deceased, from a judgment of the Supreme ' Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of May, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Dissent
Ingraham, J. (dissenting):
This .court decided upon a former appeal in this action (77 App. Div. 332) that the letter,signed by the defendant’s intestate, addressed to the president of the plaintiff, was not within the Statute of Frauds and expressed a valid consideration, and that there was sufficient to justify an inference that, relying ón the execution and delivery of the letter, the plaintiff forbore the enforcement of the note in suit, which would be a sufficient consideration for the promises contained in the letter. ' That conclusion was upon the facts as they appeared upon the first…
2Cases cited1 opinion
- Union National Bank v. LearyAppellate Division of the Supreme Court of the State of New York · 1902