Legal Opinion

Dovale v. Ackerman

New York Court of Common Pleas

Decided February 15, 1895PublishedCited by 1 opinion

Action by Clarita Dovale against Bernard L. Ackerman. A verdict was rendered in favor of defendant, and plaintiff moves for a new trial on the minutes.

1Opinion of the CourtDaly, C. J.

The action was brought upon an alleged agreement of the defendant, made in 1884, that if the plaintiff would release him from liability as a partner of his sons, to whom she had lent a sum of money, he would repay the loan in monthly installments of $100. The defendant made monthly payments to her for a period of over two years, and then discontinued them, and this action was brought for the balance unpaid of the original loan. The defense was that the agreement by defendant to repay the loan made to his sons. was voluntary and without consideration, and was conditional, i. e. that the…

2Cases cited8 opinions

  1. White v. . HoytNew York Court of Appeals · 1878
  2. Wahl v. . BarnumNew York Court of Appeals · 1889
  3. Maier v. HomanNew York Court of Common Pleas · 1871
  4. Zoebisch v. . Von MindenNew York Court of Appeals · 1890
  5. Costello v. Syracuse, Binghamton & New York RailroadNew York Supreme Court · 1873

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3Cited by1 opinion

  1. O'Brien v. Mayor of New YorkNew York Supreme Court · 1898

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