Seager v. Tholens
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, C. Eugene Seager, Jr., and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 23d day of May, 1917, upon a dismissal of the complaint at the opening by direction of the court, the defendants having then moved for judgment on the pleadings on the ground that the complaint did not state facts sufficient to constitute a cause of action, with notice of an…
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Appeal by the plaintiffs, C. Eugene Seager, Jr., and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 23d day of May, 1917, upon a dismissal of the complaint at the opening by direction of the court, the defendants having then moved for judgment on the pleadings on the ground that the complaint did not state facts sufficient to constitute a cause of action, with notice of an intention to bring up for review the order dismissing the complaint entered in said clerk’s office on the 21st day of May, 1917,…
1Opinion of the Court
Foote, J.:
The complaint as construed by plaintiffs’ counsel seeks specific performance of an alleged contract between the defendant Nellie Tholens, the grandmother of plaintiffs, and Nellie Tholens Seager, deceased, who was plaintiffs’ mother. The other defendants are children of the defendant Nellie Tholens.
The complaint alleges that Peter Tholens died September 20, 1900, leaving him surviving his widow, the defendant Nellie Tholens, and his children, the defendants Elizabeth C. Tholens, Charles P. Tholens and Eugene A. Tholens, and Susanne Tholens and Nellie Tholens Seager, his only heirs…
2Cases cited5 opinions
- Durnherr v. . RauNew York Court of Appeals · 1892
- Buchanan v. . TildenNew York Court of Appeals · 1899
- Gardner v. DenisonMassachusetts Supreme Judicial Court · 1914
- Babcock v. ChaseNew York Supreme Court · 1895
- Gates v. HamesNew York Supreme Court · 1889
3Cited by1 opinion
- Holt v. HoltSupreme Court of North Carolina · 1950