Thalimer v. Brinkerhoff
New York Supreme Court
THIS was an action of assumpsit. The declaration contained the common counts, for money had and received (0 the plaintiff’s use, money lent, &c., and an insimul computassent. Plea, non-assumpsit. The cause, was tried at the New-Yorh sittings, in June, 1821, before Mr. Chief Justice Spencer.
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THIS was an action of assumpsit. The declaration contained the common counts, for money had and received (0 the plaintiff’s use, money lent, &c., and an insimul computassent. Plea, non-assumpsit. The cause, was tried at the New-Yorh sittings, in June, 1821, before Mr. Chief Justice Spencer. At the trial, the plaintiff gave in evidence an agreement between him and Henry R. Teller, to which the defendant was a witness, and was drawn by him, or under his direction, dated April 10, 1807. This agreement recited, that whereas H. R. Teller is the heir at law of his father, Isaac Teller, deceased,…
1Opinion of the Court
Spencer, Ch„ J.
It has been insisted, on the argument, that the agreement is not unlawful: 1. Because, it does not appear, that the lands, for which suits were to be instituted, were held adversely. 2. Because, although H. R, Tetter was the heir at law of his father, and the legal owner, the agreement carried into effect an equitable right, on the part of his sister, to have a proportion of the property, and that it was competent for the heir at law to waive his legal right, so far as to admit her to participate in the division of the estate. 3. Because, the defendant, having drawn the…
2Cited by13 opinions
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
- Exchange Bank of Virginia v. County of LewisWest Virginia Supreme Court · 1886
- Foley v. . SpeirNew York Court of Appeals · 1885
- Pepper v. HaightNew York Supreme Court · 1854
- Lemon v. GrosskopfWisconsin Supreme Court · 1868
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