Wheeler v. . Reynolds
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, denying a motion for a new trial made upon a case and exceptions under sectior. 268 of the Code. This action was brought to enforce the specific performance of an alleged paroi agreement in reference to lands. The facts appear sufficiently in the opinion. The agreement claimed by plaintiff was void by the statute of frauds.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, denying a motion for a new trial made upon a case and exceptions under sectior. 268 of the Code. This action was brought to enforce the specific performance of an alleged paroi agreement in reference to lands. The facts appear sufficiently in the opinion. The agreement claimed by plaintiff was void by the statute of frauds. (2 R. S. [Edm. ed.], 139, § 6; Lathrop v. Hoyt, 7 Barb., 59; Levy v. Brush; 45 N. Y., 589 ; Sturtevant v. Sturtevant, 20 id., 39; 2 Story’s Eq. Jur., 61 § 1201; Getman v. Getman,…
1Opinion of the CourtEarl, J.
In 1855, the plaintiff was the owner in fee of the lands described in the complaint, and then executed to the defendant a mortgage upon the lands, which is also described in the complaint. In April, 1865, the plaintiff had; become insolvent, and the mortgage remained unpaid, and he was unable to pay it. At that time, the plaintiff claims a>. paroi agreement was made as to the foreclosure of the mortgage, which he seeks to enforce in this action. Ho one was5 present when the agreement was made, except the parties; and they are the only witnesses thereto. The defendant, as a witness, denied the…
2Cases cited9 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Levy v. . BrushNew York Court of Appeals · 1871
- Brown v. LynchNew York Court of Chancery · 1828
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
4 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Brison v. BrisonCalifornia Supreme Court · 1888
- Woolley v. . StewartNew York Court of Appeals · 1918
- Feeney v. HowardCalifornia Supreme Court · 1889
- Pink v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
82 more not listed; retrieve them via the Exa API.