Cronkhite v. Cronkhite
New York Supreme Court
Appeal from a judgment in favor of plaintiff upon a verdict directed at the circuit. The facts appear in the opinion.
1DissentJ. Potter, J.
(dissenting.) The question in this case is, whether upon the undisputed facts thereof, the defendant is personally liable to pay the plaintiff the annuity.
If he is liable, that liability must arise from an express promise to pay, or upon the acceptance of the estate bequeathed and devised to him upon the condition of the payment of the annuity.
The defendant proposed to prove that the estate had been fully administered, and fell short of paying the debts of the testator, but the proof was excluded by the court.
It is manifest the court held that the defendant was liable upon the facts in this…
2Cases cited7 opinions
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Van Wyck v. SewardNew York Supreme Court · 1837
- Van Orden v. Van OrdenNew York Supreme Court · 1813
- McLachlan v. McLachlanNew York Court of Chancery · 1842
- Kelsey v. DeyoNew York Supreme Court · 1824
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