Carpenter v. . Taylor
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 4, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 4, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed for the reason that there was no consideration to support the agreement to pay the plaintiff more than his legal fees. (2 Pars, on Cont. 437; Bartlett v. Wyman, 14 Johns. 260; Geer v. Archer, 2 Barb. 420; Pollock’s Prin. of Cont.…
1Opinion of the Court
On the 30th day of April, 1894, the defendant executed and delivered to the plaintiff a general assignment of all his property in trust for the benefit of creditors. The instrument contains the usual directions for the conversion of the property into money, and the distribution of the same among the creditors in the order therein designated. The last clause of the instrument is in these words: "The said party of the second part doth hereby accept the trust created and imposed on him by this instrument, and covenants and agrees with the said party of the first part that he will faithfully and…
2Cases cited14 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Ripley v. International Railways of Central AmericaNew York Court of Appeals · 1960
- Alaska Packers' Ass'n v. DomenicoCourt of Appeals for the Ninth Circuit · 1902
- Schwartzreich v. . Bauman-Basch, Inc.New York Court of Appeals · 1921
- Frankfurt-Barnett Co. v. William Prym Co.Court of Appeals for the Second Circuit · 1916
- In Re Estate of LeeSupreme Court of Minnesota · 1943
32 more not listed; retrieve them via the Exa API.