Crawford v. Rusell
New York Supreme Court
THIS is a motion for a new trial, made by the plaintiff on a bill of exceptions, for a nonsuit of the plaintiff at the Ulster circuit.
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THIS is a motion for a new trial, made by the plaintiff on a bill of exceptions, for a nonsuit of the plaintiff at the Ulster circuit. The plaintiff claimed the right to recover of the defendant the sum of $2000 and interest, the value of a. piano forte and of a gold watch, and the expense of the education of the plaintiff’s eldest daughter, Kate, upon an agreement entered into by the plaintiff and defendant in the year 1846, under their hands and seals, which . subtantially reads as follows : “ That the plaintiff should do all she could to aid a marriage between said Jeremiah and said…
1Opinion of the CourtPlatt Potter, J.
We are referred to no case arising in our own courts, where the questions now before us have had adjudication. The questions are elemental, and seem to admit of but little conflict. Two legal questions of this character are presented, upon each of which the agreement set forth, is claimed to be void. First, that the agreement is post obit in its character, and therefore void as being against public policy; and second, that the agree*95ment comes within the definition of brokage of marriage, and is void for the same reason.
1st. Post obit agreements, or bonds, are those given by a borrower of…
2Cases cited2 opinions
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Harris v. Roof's ExecutorsNew York Supreme Court · 1851
3Cited by7 opinions
- Duval v. . WellmanNew York Court of Appeals · 1891
- Wenninger v. MitchellMissouri Court of Appeals · 1909
- In re the Estate of StrangeNew York Surrogate's Court · 1937
- Morrison v. RogersCalifornia Supreme Court · 1896
- Fearon v. TreanorAppellate Division of the Supreme Court of the State of New York · 1936
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