Pope v. Hoyt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Margaret I. Hoyt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of June, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of June, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Greenbaum, J.:
The complaint contains two causes of action based upon a contract made between one Robert Anderson Pope and the defendant. Pope assigned his claim to Philip A. Fischer, his father-in-law, and upon his death his administratrix was substituted as plaintiff. The contract, which was dated April 2, 1912, was in writing and was executed by the defendant’s husband, Hazen L. Hoyt, in his own name. In other words, it purported to be a contract directly made with him. There was no mention of Mrs. Hoyt in the contract and it appears that Mr. Pope at the time of making the contract was…
2Cases cited4 opinions
- Trustees of the Freeholders & Commonalty v. BowmanNew York Court of Appeals · 1893
- Glenn v. . GarthNew York Court of Appeals · 1892
- Merritt v. . BissellNew York Court of Appeals · 1898
- Snyder v. SloaneAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- In re the Estate of SmathersNew York Surrogate's Court · 1934
- Robbins v. Tucker Anthony Inc.Appellate Division of the Supreme Court of the State of New York · 1996