Smyth v. Greacen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward J. Greacen, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 5th day of April, 19Of, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defend- * ant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Ingraham, J.:
The contract as alleged is that on or about May 21,1882, “in consideration that the plaintiff, who was then a sole and unmarried woman, at the request of the defendant,.agreed and would marry him on such request, the defendant promised the plaintiff to so marry her on his request.” It is further alleged that, after the making of the said promise and undertaking of the defendant, to wit, on the 20th day of March, 1902, and at divers other places the plaintiff requested the defendant to marry her, but the defendant, disregarding his promise and undertaking, did not nor would he at…
2Cases cited1 opinion
- Tucker v. WoodsNew York Supreme Court · 1815
3Cited by3 opinions
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Hughes v. WalterNew York Supreme Court · 1909
- Lainfiesta v. SturgesNew York Supreme Court · 1919