Vaughn v. De Wandler
New York County Courts
Motion by defendant to dismiss the complaint on plaintiff’s opening. The facts appear in the following opinion given orally on deciding the motion at the trial.
1Opinion of the Court
Zerah S. Westbrook, County Judge.
Upon the opening of plaintiff’s case defendant’s counsel moves to dismiss the complaint upon the ground that the alleged verbal agreement upon which plaintiff seeks to recover in this action is void, for the reason that it was not to be performed within one year after it was made.
The contract, as stated by plaintiff’s counsel, was by parole and in substance as follows: The plaintiff in the fall of 1881, made an agreement with the defendant to work defendant’s farm, situated in the town of Palatine, Montgomery county, and keep his dairy upon shares, for one…
2Cases cited6 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Broadwell v. GetmanNew York Supreme Court · 1846
- Wilson v. MartinCourt for the Trial of Impeachments and Correction of Errors · 1845
- Caswell v. DistrichNew York Supreme Court · 1836
- Hubbard v. SavageSupreme Court of Connecticut · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Depew v. KetchumNew York Supreme Court · 1894