Bouton v. . Welch
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 13, 1901, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s proof fails to establish a certain and definite contract with her and Mr. Hanford upon a valuable consideration. The proof falls short of such an agreement.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 13, 1901, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s proof fails to establish a certain and definite contract with her and Mr. Hanford upon a valuable consideration. The proof falls short of such an agreement. (Gall v. Gall, 64 Hun, 600; Shakespeare v. Markham, 72 N. Y. 400; Winne v. Wimne, 166 N. Y. 263.) The testimony of William Welch,…
1Opinion of the CourtWerner, J.
This action, which was commenced in the • County Court of Tompkins county, was brought to foreclose a mortgage given by William Welch to Gershom Hanford, the plaintiff’s testator. The defendant Alice Welch, who is the wife of said William Welch, claimed title to said mortgage. Counsel being in doubt as to the power of the County Court to grant the proper relief upon the issues which would necessarily be presented by conflicting claims of title to the mortgage, the case was by stipulation removed into the Supreme Court. The judgment entered upon the referee’s report, establishing the title to…
2Cases cited3 opinions
- Buchanan v. . TildenNew York Court of Appeals · 1899
- Healy v. HealyAppellate Division of the Supreme Court of the State of New York · 1900
- Healy v. . HealyNew York Court of Appeals · 1901
3Cited by19 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Croker v. New York Trust Co.New York Court of Appeals · 1927
- Buessel v. United StatesCourt of Appeals for the Second Circuit · 1919
- Dilger v. Estate of McQuadeWisconsin Supreme Court · 1914
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