Bryant v. Ondrak
New York Supreme Court
Appeal from circuit court, New York county. Action by Annie Bryant, as executrix of the will of William E. Bryant, deceased, against Jacob A. Ondrak and others. From a judgment entered on the verdict in favor of plaintiff for $9,431, and from an order denying a motion for a new trial, defendant Ondrak appeals.
1Opinion of the CourtParker, J.
We shall only discuss one of the several questions brought to our attention by the appellant, because the conclusion we have reached in respect to it calls for a reversal of the judgment. We think the plaintiff failed to establish the contract upon which recovery was sought, and therefore the defendant’s motion to dismiss the complaint should have been granted. The preliminary facts essential to an understanding of the situation which led up to the meeting of the parties, which the plaintiff alleges resulted in the making of the agreement sued on, are as follows: Prior to February 25, 1894,…
2Cases cited1 opinion
- Brown v. . the New York Central R.R. Co.New York Court of Appeals · 1870
3Cited by11 opinions
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
- Beach & Clarridge Co. v. American Steam Gauge & Valve Manufacturing Co.Massachusetts Supreme Judicial Court · 1909
- Sherry v. ProalAppellate Division of the Supreme Court of the State of New York · 1909
- Goldstine v. TolmanWisconsin Supreme Court · 1914
- Federal Land & Securities Co. v. HatchSupreme Court of Iowa · 1910
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