Geldart v. Bank of New York & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emma T. Geldart, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 18th day of February, 1924, upon the verdict of a jury rendered by direction of the court after a trial before the court, a jury having been dismissed by stipulation which provided that the court should direct a verdict with the same force and effect as if a jury were present, and also from an order made on…
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Appeal by the plaintiff, Emma T. Geldart, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 18th day of February, 1924, upon the verdict of a jury rendered by direction of the court after a trial before the court, a jury having been dismissed by stipulation which provided that the court should direct a verdict with the same force and effect as if a jury were present, and also from an order made on the 8th day of February, 1924, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Young, J.:
Plaintiff began the action to recover against her deceased husband’s estate the sum of $10,000, alleging an agreement between them during his lifetime that a mortgage for that amount on property held by them, as tenants by the entirety, should be entirely assumed by him; that he died without paying off the mortgage, and that she, after his death, was obliged to do so. She, therefore, filed a claim for that amount against his estate, and upon payment being refused by his executor, she brought the present action. The facts are as follows:
*582Richard W. Geldart and the plaintiff, Emma T.…
2Cited by14 opinions
- Lopez v. LopezSupreme Court of Florida · 1956
- In Re Estate of KeilSupreme Court of Delaware · 1958
- In re the Estate of DellNew York Surrogate's Court · 1935
- Sirianni v. SirianniAppellate Division of the Supreme Court of the State of New York · 1961
- William J. White v. Archie ParnellCourt of Appeals for the D.C. Circuit · 1968
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