Denise v. . Denise
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, made June 17, 1886, which reversed an order of Special Term directing a new trial and directed judgment in favor of plaintiff upon the report of a referee herein.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, made June 17, 1886, which reversed an order of Special Term directing a new trial and directed judgment in favor of plaintiff upon the report of a referee herein. (Beported below, 41 Hun, 9.) The plaintiff presented a claim against the estate of Daniel Denise, her deceased husband, for a balance, alleged to be due under a contract, the substance of which is stated in the opinion, which, being disputed by the administrator, was, by stipulation made between them, referred under the statute, The…
1Opinion of the CourtGray, J.
By reference to the testimony, we find sufficient proof to sustain the findings of the referee as to the making of an agreement between the plaintiff and the intestate, her deceased husband, at the time of their marriage; by which he was to pay to her $300 a year, and she was to provide, at her house, in which they were to reside, everything necessary for a living for them both during life. Except for the time intervening between Hovember 16, 1874, and June 9, 1876, when the plaintiff’s part of this agreement was assumed and carried out by her son, the deceased was provided for according to…
2Cases cited2 opinions
- Smith v. . VelieNew York Court of Appeals · 1875
- Field v. . FieldNew York Court of Appeals · 1879
3Cited by18 opinions
- Shafer v. PrattAppellate Division of the Supreme Court of the State of New York · 1903
- Zinke v. Zinke's EstateNew York Supreme Court · 1895
- In re McQueen's EstateNew York Supreme Court · 1890
- Hallock v. BaconNew York Supreme Court · 1892
- Hendricks v. IsaacsNew York Supreme Court · 1889
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