Redpath v. Redpath
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Redpath, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk' of the county of Montgomery on the 25th day of January, 1902, upon the dismissal of the complaint by direction of the court upon the opening at the Montgomery Trial Term.
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Appeal by the plaintiff, Elizabeth Redpath, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk' of the county of Montgomery on the 25th day of January, 1902, upon the dismissal of the complaint by direction of the court upon the opening at the Montgomery Trial Term. The complaint in this action states, in substance, that in bTovem"ber, 1900, the plaintiff and her husband, who is since deceased, executed and delivered to. the defendant a conveyance of certain premises therein described, and such conveyance is made part of the complaint; that such…
1Opinion of the CourtPabkeb, P. J.
Although the facts averred in the complaint are, probably, not sufficient to warrant a judgment setting aside the conveyance and the agreement upon which it was based, yet there are sufficient facts stated to constitute a cause of action against the defendant. Assuming, as we must, that the defendant had ceased to furnish the requisite food, support and clothing, and refused to longer perform the contract on his part, the plaintiff would be entitled, under the covenant in the conveyance, to have a proper sum fixed by the court sufficient to furnish such support and such sum declared a lien…
2Cases cited2 opinions
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Stehle v. StehleAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- In re the Appraisal of the Property of the Estate of HessAppellate Division of the Supreme Court of the State of New York · 1906
- Kinney v. . KinneyNew York Court of Appeals · 1917