Peck v. . Vandemark
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court, in the fourth judicial department, made May 30, 1884, which set aside a nonsuit and .directed a new trial. (Reported below, 33 Hun, 214.) This action was brought to recover damages for an alleged breach of an ante-nuptial contract.
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Appeal from order of the G-eneral Term of the Supreme Court, in the fourth judicial department, made May 30, 1884, which set aside a nonsuit and .directed a new trial. (Reported below, 33 Hun, 214.) This action was brought to recover damages for an alleged breach of an ante-nuptial contract. In September, 1879, the plaintiff was a widow, whose husband had been killed in the civil war, and she was receiving an annual pension of $96. She became acquainted with the defendant’s testator, Sealey Peck, and he made her a proposition, of marriage which led to a correspondence between them. Several…
1Opinion of the CourtEarl, J.
The eleven letters put in evidence which passed between the plaintiff and the testator, commencing on the 4th day of October, 1879, and ending on the 3d day of December thereafter, all related to the same subject, to-wit: the marriage of the parties and the terms upon which it should be consummated. The whole correspondence was to settle the pecuniary compensation which the plaintiff was to have in consideration of her marriage to the testator. He distinctly proposed to give her by will one-half of the entire property which he should leave at his death, and the use of the other half thereof…
2Cases cited2 opinions
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- McNutt v. McNuttIndiana Supreme Court · 1888
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
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