Crouse v. . McVickar
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17, 1911, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17, 1911, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A compromise will be set aside at the suit of one who has suffered loss thereby where his adversary has been guilty of fraud inducing the compromise. (Edwards v. Baugh, 11 M. & W. 641; Wade v. Simeon, 2 C. B. Rep. 548; Cook v.…
1Opinion of the Court
Cullen, Ch. J.
One Crouse died on the 21st day of November, 1892, leaving a last will and testament whereby, after many legacies, he bequeathed a large residuary estate of personalty to the persons who would be entitled to take the same under the law if he had died intestate. The plaintiff and certain others, first cousins of the testator, were his next of kin, unless the defendant Dorothea Edgarita Crouse, who was then an infant aged six years, was his legitimate child. The claim was made on behalf of said infant that she was such child, and by the defendant Eula H. Potulicka that she was the…
2Cases cited5 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Ross v. . WoodNew York Court of Appeals · 1877
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
- Smith v. LewisNew York Supreme Court · 1808
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