Bettinger v. Bridenbecker
New York Supreme Court
THIS is an action upon an agreement, made upon a settlement between the plaintiff and one Daniel F. Dygert, by the defendant, to pay to the plaintiff $450, which sum was placed by Dygert in the hands of the defendant, as a trustee, for the use of the plaintiff.
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THIS is an action upon an agreement, made upon a settlement between the plaintiff and one Daniel F. Dygert, by the defendant, to pay to the plaintiff $450, which sum was placed by Dygert in the hands of the defendant, as a trustee, for the use of the plaintiff. The defense was, that the money sought to be recovered was placed in the defendant’s hands upon an illegal agreement, to suppress a criminal prosecution against Dygert for procuring an abortion of a quick child, upon the person of the plaintiff! That Dygert had been arrested, and just before court this money was placed in the…
1Opinion of the CourtMorgan, J.
The plaintiff’s complaint charges that prior to February, 1862, she had a just and valid claim against Daniel F. Dygert for damages, which he settled at $500; that he was to pay $50 down, and the residue to he placed in the hands of the defendant for her use and benefit. That Dygert paid her the $50, and paid to, and placed in the hands of the defendant, $450, for her use and benefit-, which sum the defendant agreed to keep and hold as her trustee, and to invest the same for her, and *405pay over to her annually the interest and income, and to pay her the principal sum on the 15th day of July,…
2Cases cited1 opinion
- Porter v. Havens & AbbottNew York Supreme Court · 1862
3Cited by2 opinions
- Elkins v. Camden & Atlantic RailroadNew Jersey Court of Chancery · 1882
- English v. RumseyNew York Supreme Court · 1884