Kerwood v. Hall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles B. Kerwood, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Saratoga on the 8th day of September, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of September, 1921, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, P. J.:
This is an action on a promissory note for the sum of S3,000, executed by the defendants September 24, 1918, to the order of Wesley Hall, plaintiff’s testator, and payable April 1, 1919. The defendants have successfully defended the action on the ground that the note was delivered on the condition that it should have no force or validity unless the payee survived the maker, Frank Hall, and that the note was without consideration. Wesley Hall died April 12, 1919.
Wesley Hall and his wife had no children. They lived on a farm of about 100 acres, about one-half of which was…
2Cases cited5 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Wallace v. . StrausNew York Court of Appeals · 1889
- Hoffmann v. Union Dime Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Probate of the Last Will & Testament of HennesseyAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- In re the Estate of ChristieNew York Surrogate's Court · 1938