Legal Opinion

Delos Bush v. Whitaker

New York Supreme Court

Decided September 15, 1904PublishedCited by 2 opinions

Action for specific performance.

1Opinion of the CourtWright, J.

This action was tried before the court without a jury. The relief demanded is a specific performance of an alleged contract to make a bequest based on the following letter: “ Delos, if there is not any change in my family, 1 shall leave one-half of what I have for you, but have willed you $1,000 — now I want to say to you — you get me up a cane that will be good enough for you when I get through with, and I will leave the cane and $1,000 with it when I get through. Keep this note. Dated Antwerp, September 2, 1868. E. Fulton.”

The plaintiff furnished the cane. It was made of rosewood and had a…

2Cases cited15 opinions

  1. Hamer v. . SidwayNew York Court of Appeals · 1891
  2. Owens v. McNallyCalifornia Supreme Court · 1896
  3. Hamlin v. . StevensNew York Court of Appeals · 1903
  4. Winne v. . WinneNew York Court of Appeals · 1901
  5. Parsell v. . StrykerNew York Court of Appeals · 1869

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3Cited by2 opinions

  1. Stewart v. SmithCalifornia Court of Appeal · 1907
  2. In re BradburyAppellate Division of the Supreme Court of the State of New York · 1905

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