Gates v. Gates
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Fred Gates and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered-in the office of the clerk of the county of Cortland on the 3d day of March, 1898, upon the decision of the court rendered . after a trial at the Cortland Special Term overruling .the said defendants’ demurrer to the plaintiff’s complaint. ' ■ . The complaint in. this action alleges, among other things: “ That on or about the 1st day of Jan.…
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Appeal by the defendants, Fred Gates and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered-in the office of the clerk of the county of Cortland on the 3d day of March, 1898, upon the decision of the court rendered . after a trial at the Cortland Special Term overruling .the said defendants’ demurrer to the plaintiff’s complaint. ' ■ . The complaint in. this action alleges, among other things: “ That on or about the 1st day of Jan. 1862, this plaintiff then being an infant of the age of two years, his father being dead and ' his mother being the…
1Opinion of the Court
Parker, P. J.:
It was said by Justice Bajsrett in the case of Gall v. Gall (64 Hun, 601) that “ it is undoubtedly the settled la-w of this State that * where a certain and .definite contract is clearly established, even though it involves an agreement to leave property by will, and it has been performed on the part of the promisee, equity in a case free from all objections on account of the adequacy of the consideration or other circumstances rendering the claim inequitable, will compel a specific performance,’ ” and such case was affirmed without opinion in 138 New York, 675.
This case, and…
2Cases cited1 opinion
- Colby v. ColbyNew York Supreme Court · 1894
3Cited by21 opinions
- Crawford v. WilsonSupreme Court of Georgia · 1913
- Winne v. . WinneNew York Court of Appeals · 1901
- Ladd v. Estate of KellenbergerSupreme Court of North Carolina · 1985
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Phalen v. . United States Trust Co.New York Court of Appeals · 1906
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