Legal Opinion

Joseph v. Platt

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 1909PublishedCited by 3 opinions

Appeal by the defendant, Thomas O. Platt, from'a judgment of the Supreme Court in favor of the plaintiff, entered in- the office of the clerk of the county of Rew York on the 3d day of July, 1908, upon the verdict of a jury; also from an order entered on the l'9th day of September, 1908, denying a motion to dismiss the complaint, and also from an order entered in said clerk’s office on the 6th day of October, 1908, denying the defendant’s motion for a new trial made upon the…

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Appeal by the defendant, Thomas O. Platt, from'a judgment of the Supreme Court in favor of the plaintiff, entered in- the office of the clerk of the county of Rew York on the 3d day of July, 1908, upon the verdict of a jury; also from an order entered on the l'9th day of September, 1908, denying a motion to dismiss the complaint, and also from an order entered in said clerk’s office on the 6th day of October, 1908, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Ihgraham, J.:

The plaintiff brings this action as the assignee of Marsh, Winslow & We ver, who were attorneys at law, it being based upon a promise alleged to have been made by the defendant whereby he promised and agreed that he, the said defendant, would pay to the said attorneys an amount equal to the total of all the debts and obligations referred to in paragraph 4 of an agreement made between the defendant and one Lillian T. Platt, his wife, a copy of which agreement is annexed to the complaint. After setting forth this alleged agreement the complaint alleges that the said firm of Marsh,…

2Cases cited3 opinions

  1. Edwards v. . DooleyNew York Court of Appeals · 1890
  2. Bush v. . O'BrienNew York Court of Appeals · 1900
  3. Diamond Soda Water Manufacturing Co. v. J. N. Hegeman & Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by3 opinions

  1. Hallow v. HallowAppellate Division of the Supreme Court of the State of New York · 1922
  2. Paul Armstrong Co. v. Majestic Motion Picture Co.City of New York Municipal Court · 1914
  3. J. C. Bogert Co. v. HarpootlianAppellate Terms of the Supreme Court of New York · 1911

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