Ward v. Cowdrey
New York Supreme Court
Appeal from judgment on report of referee. ’ Action by Charles H. Ward against-Jane Hartley Cowdrey, as executrix of Nathaniel A. Cowdrey, deceased. Judgment for plaintiff for $3,687.50, and defendant appeals.
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Appeal from judgment on report of referee. ’ Action by Charles H. Ward against-Jane Hartley Cowdrey, as executrix of Nathaniel A. Cowdrey, deceased. Judgment for plaintiff for $3,687.50, and defendant appeals. It appears from the evidence that on the 21st day of August, 1883, Nathaniel A. Cowdrey, the defendant’s testator, wrote a letter to Charles H. Ward, the plaintiff, who was then at Durango, Mexico, in the employ of Cowdrey, as the manager of certain mines and ore-mills there belonging to him, asking Ward to continue in his employ for an indefinite time, “so long as we can get along…
1Opinion of the CourtBrady, J.
What is called the “last paper writing” between the parties, (appearing in the statement of facts prepared by the respondents, and which is regarded as substantially correct,) bearing date March 3, 1884, was executed, it is true, after the parties had consulted about and determined upon the result of their business transactions. This distinctly appears from the statement in that paper: “Por one dollar and other valuable considerations, the receipt whereof is acknowledged, and considering the agreements and promises existing between Charles I-I. Ward and myself.” But it also distinctly appears…
2Cases cited1 opinion
- McDougall v. . CooperNew York Court of Appeals · 1865
3Cited by2 opinions
- Trice v. YoemanCourt of Appeals of Kansas · 1898
- Weil v. KahnNew York Court of Common Pleas · 1890