Lannon v. . Lynch
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1898, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. The nature of the proceeding and the facts, so far as material, are stated in the opinion. A written instrument or contract will be treated in law according to its real nature and not according to its mere form.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1898, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. The nature of the proceeding and the facts, so far as material, are stated in the opinion. A written instrument or contract will be treated in law according to its real nature and not according to its mere form. (Payne v. Gardiner, 29 N. Y. 146.) The judgment should be upheld on the ground that the evidence establishes a novation, even conceding that the notes…
1Opinion of the CourtO’Brien, J.
The plaintiff presented a claim against the estate of one David Hall, who died on the 29th of May, 1895, leaving a will in which the defendants were named as executors. The claim was disputed and subsequently referred by agreement of the parties to a referee to hear and determine.
The plaintiff stated in her claim, which was verified, that on July 1st, 1873, she placed with the deceased the sum of §300, to be kept for her by the deceased, and returned or paid back by him to her when she became advanced in years; that subsequently she placed with him the further sum of §100, for the same…
2Cases cited2 opinions
- Baird v. BairdNew York Court of Appeals · 1895
- Smith v. . RowleyNew York Court of Appeals · 1866
3Cited by4 opinions
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
- Van Beuren v. . WotherspoonNew York Court of Appeals · 1900
- In Re the Revocation of the Probate of the Last Will & Testament of KeefeNew York Court of Appeals · 1900
- Richards v. . Wells Fargo Express Co.New York Court of Appeals · 1915