Legal Opinion · Dissent

Beaty v. Bacon

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

Decided May 2, 1919Published

Appeal by the plaintiff, Zerelda W. Beaty, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 8th day of March, 1919, striking this case from the Trial Term calendar and directing its trial at Special Term.

1Dissent

Laughlin, J. (dissenting):

I am of opinion that the plaintiff’s cause of action is in equity. It is based on an agreement evidenced by a letter written by the defendant’s testator to the plaintiff on the 19th day of February, 1901, the body of which is as follows:

“ In consideration of your having secured for me from O. M. Young one share in the Cuba Company of New Jersey, of which William C. Van Home is President, for the price of Fifty thousand Dollars ($50,000), covering amount which has already been paid thereon, and is to be paid, I hereby agree to pay you one-third (1 /3) of the net…

2Cases cited5 opinions

Simon v. . EtgenNew York Court of Appeals · 1915
Jones v. . KentNew York Court of Appeals · 1880
Lorillard v. . SilverNew York Court of Appeals · 1867
Weldon v. BrownAppellate Division of the Supreme Court of the State of New York · 1903
Simon v. BurgessAppellate Division of the Supreme Court of the State of New York · 1911