Dougherty v. . Salt
New York Court of Appeals
Appeal from a judgment entered June 20,1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint and reinstated said verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered June 20,1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint and reinstated said verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s own witnesses having shown by their testimany that the note was given without consideration except that of love and affection, it follows…
1Opinion of the CourtCardozo, J.
The plaintiff, a boy of eight years, received from his aunt, the defendant’s testatrix, a promissory note for $3,000 payable at her death or before. Use was made of a printed form, which contains the words “ value received.” How the note came to be given, was explained by the boy’s guardian, who was a witness for his ward. The aunt was visiting her nephew. “ When she saw Charley coming in, she said ‘ Isn’t he a nice boy?’ I answered her, yes, that he is getting along very nice, and getting along nice in school, and I showed where he had progressed in school, having good reports, and so forth,…
2Cases cited14 opinions
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- Wisconsin & Michigan Railway Co. v. PowersSupreme Court of the United States · 1903
- Harris v. . ClarkNew York Court of Appeals · 1849
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
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3Cited by47 opinions
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- I. & I. Holding Corp. v. GainsburgNew York Court of Appeals · 1938
- In Re the Estate of TaylorNew York Court of Appeals · 1929
- Shotwell v. First National BankNebraska Supreme Court · 1934
- Beitner v. BeckerAppellate Division of the Supreme Court of the State of New York · 2006
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