De Cicco v. . Schweizer
New York Court of Appeals
Appeal from a judgment of the. Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There is no presumption of a consideration for the contract sued upon arising from the character of the instrument.
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Appeal from a judgment of the. Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There is no presumption of a consideration for the contract sued upon arising from the character of the instrument. (Bender v. Been, 78 Iowa, 283.) The fulfillment of an engagement to marry, subsisting at the time the instrument was executed, could not be a…
1ConcurrenceCrane, J.
I concur for affirmance and agree with what Judge Cardozo has said about the law of consideration, but I prefer other "reasons for my conclusions in this case.
Marriage settlements are usually made between husband and wife; but marriage settlements by third parties have been recognized by law. (Schouler’s Dom. Bel. [5th ed.l sec. 178; Phalen v. U. S. Trust Co., 186 N. Y. 178.) The policy of the law to uphold and enforce such contracts is applicable to both classes.
Count Gulinelli and the defendant’s daughter being engaged, the defendant, through his lawyer, prepared and executed the agreement…
2Cases cited7 opinions
- Barker v. . BradleyNew York Court of Appeals · 1870
- Phalen v. . United States Trust Co.New York Court of Appeals · 1906
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Ferris v. . HardNew York Court of Appeals · 1892
- Arnot v. . Erie Railway Co.New York Court of Appeals · 1876
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