Thomas v. . Evans
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the February Term 1885, which modified and affirmed, as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and also affirming an interlocutory judgment herein. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the February Term 1885, which modified and affirmed, as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and also affirming an interlocutory judgment herein. The nature of the action and the material facts are stated in the opinion. The alleged executory agreement set forth in the complaint, being by paroi, was void by the statute of frauds. (2 R. S., chap. 7, tit. 1, § 6.) Even had it been in writing, and to be…
1Opinion of the Court
Ruger, Ch. J.
In July, 1841, Thomas ■ Thomas died, leaving him surviving Catharine Thomas, his widow, and four children, three of whom were aged, respectively, three, live and six; the fourth, Sarah Thomas, has since died intestate and without issue. At the time of his death Thomas owned in fee eight small city lots in Williamsburg, six of which were situated on South - First, and two, of lesser value, on South Second streets, and, with the exception of two lots on South First street, were vacant and unimproved. So far as appears from the case, Thomas had no other property, real or personal,…
2Cases cited11 opinions
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Putnam v. RitchieNew York Court of Chancery · 1837
- Ford v. . KnappNew York Court of Appeals · 1886
- Peck v. . SherwoodNew York Court of Appeals · 1874
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
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3Cited by33 opinions
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Golde Clothes Shop, Inc. v. Loew's Buffalo Theatres, Inc.New York Court of Appeals · 1923
- Satterlee v. . KobbeNew York Court of Appeals · 1903
- Beach v. OsborneSupreme Court of Connecticut · 1902
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