Legal Opinion

Gallagher v. Gallagher

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

Decided December 17, 1909PublishedCited by 27 opinions

Appeal by the defendant, Mary Gallagher, from a judgment of • the Supreme Court'in.favor of the plaintiff, entered in the office of-the clerk of the county of New York on the 20th day of-August, 1908, upon the decision of the cpurt, rendered after a trial at the New York Special Term in an action to compel the . specific performance of a contract to convey -real estate.

1Opinion of the Court

Clarke, J.:

This is an appeal from- á judgment entered on a decision of the Special Term in favor of plaintiff in an action brought against his" wife to compel the specific' performance of an alleged oral contract to reconvey real estate.

Patrick Gallagher was a contractor. He married defendant in 1888 and he and his wife are still living together.

" The court has found that plaintiff -and defendant entered into an oral agreement whereby plaintiff agreed to convey to defendant certain real property and place the title in her name for the purpose of enabling defendant, to qualify as surety on…

2Cases cited6 opinions

  1. Wood v. . RabeNew York Court of Appeals · 1884
  2. Wheeler v. . ReynoldsNew York Court of Appeals · 1876
  3. Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
  4. Ahrens v. . JonesNew York Court of Appeals · 1902
  5. Canda v. . TottenNew York Court of Appeals · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Sinclair v. . PurdyNew York Court of Appeals · 1923
  2. Foreman v. ForemanNew York Court of Appeals · 1929
  3. Hanscom v. IrwinOregon Supreme Court · 1949
  4. Fraw Realty Co. v. NatansonNew York Court of Appeals · 1933
  5. Weigert v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 1912

22 more not listed; retrieve them via the Exa API.

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