Healy v. Healy
New York Supreme Court
This action was brought to obtain specific performance on an oral agreement on the part of Joshua Healy, since deceased, to give the plaintiff the share of a child of his own in his estate. The plaintiff recovered judgment, 31 Misc. Rep. 636. A motion was made for a new trial upon the ground of newly-discovered evidence.
1Opinion of the CourtNash, J.
It is sought to obtain a new trial for the purpose of introducing in evidence declarations of the decedent, Joshua Healy, made in his lifetime, tending to show that the contract, which the plaintiff alleges and which it has been found by the trial court was made by Joshua Healy with the plaintiff’s mother for and on behalf of the plaintiff, was not in fact made. These declarations of Joshua Healy, made in his own behalf or interest, are offered as affirmative evidence tending to establish the defense. The ground upon which it urged that these declarations are admissible, is that the…
2Cases cited1 opinion
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
3Cited by1 opinion
- Kemper v. WhitesideAppellate Terms of the Supreme Court of New York · 1910