Hegeman v. . Moon
New York Court of Appeals
Appeal from order of the General Term of the Supreme ■Court in the second judicial department, made May 13, 1891, which affirmed an order of Special Term overruling a demurrer to the complaint and ordered that the interlocutory judgment entered thereon should he affirmed.
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Appeal from order of the General Term of the Supreme ■Court in the second judicial department, made May 13, 1891, which affirmed an order of Special Term overruling a demurrer to the complaint and ordered that the interlocutory judgment entered thereon should he affirmed. The complaint herein stated in substance that between 1863 and 1867 plaintiff advanced to his nephew, Adrian Hegeman, for his own account and the account of his mother, Cornelia W. Hegeman, various sums amounting in all to about $3,075, which Adrian agreed to repay. On January 1, 1869, there was due plaintiff for principal…
1Opinion of the CourtPeckham, J.
The defendants object to the judgment herein because they claim the paper set out in the complaint' is of a testamentary character, and not being executed as pro vided for by the statute of wills, is for that reason void. They also object that if not of such a character it is a contract to answer for the debt, default or miscarriage of another' person, ■or is one which by its terms is not to be performed within •one year, and in either event is void because it does not express ,a consideration.
"We think none of these objections is well founded. The ¡instrument is in its nature and substance a…
2Cases cited2 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
3Cited by46 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- In re the Appraisal of the Property of BakerAppellate Division of the Supreme Court of the State of New York · 1903
- Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
- Kerrigan's Estate v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Third Circuit · 1952
- In re the Tranfer Tax upon the Estate of VanderbiltAppellate Division of the Supreme Court of the State of New York · 1918
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