Keuka College v. Ray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George A. Ray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yates on the 31st day of December, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Yates Trial Term. The action was brought to recover upon an instrument in the following language: “ $500. Keuka Park, JST.
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Appeal by the defendant, George A. Ray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yates on the 31st day of December, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Yates Trial Term. The action was brought to recover upon an instrument in the following language: “ $500. Keuka Park, JST. Y., Deo. 29, 1893. “In consideration of founding a college at Keuka Park, Yates Go., FT. Y., I promise to pay to the treasurer of Keuka College, or order, at the office of said College,…
1Opinion of the Court
Hardin, P. J. :
In Barnes v. Perim (12 N. Y. 23) Judge Allen said: “ An attempt to reconcile all the cases which have been adjudged, touching the validity of voluntary engagements to pay money for charitable, educational, religious or other public purposes, would be fruitless ; for, while circumstantial differences in the cases will explain and satisfactorily account for some of the diversities in the decisions, it will be found that there is to some extent a want of harmony in the principles and rules applied as tests of validity to .that class of undertakings.”
Although several cases have…
2Cases cited8 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Barnes v. . PerineNew York Court of Appeals · 1854
- Presb. Church of Albany v. . CooperNew York Court of Appeals · 1889
- Presbyterian Society v. . BeachNew York Court of Appeals · 1878
- Roberts v. . CobbNew York Court of Appeals · 1886
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