Legal Opinion

Alexander v. Equitable Life Assurance Society

New York Court of Appeals

Decided April 25, 1922PublishedCited by 24 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1921, affirming a judgment in favor of plaintiff entered upon a verdict. The defendant’s motion to dismiss the complaint at the close of plaintiff’s case for failure to prove performance of the executory part of the consideration, renewed at the close of the whole case, should have been granted.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1921, affirming a judgment in favor of plaintiff entered upon a verdict. The defendant’s motion to dismiss the complaint at the close of plaintiff’s case for failure to prove performance of the executory part of the consideration, renewed at the close of the whole case, should have been granted. (Thorp v. Thorp, 12 Mod. 455; 2 Williston on Cont. 1293, 1294, § 671; Rosenthal Paper Co. v. Nat. Folding Box Co., 226 N. Y. 313; Gail v. Gail, 127 App. Div. 892; Glenn v. Rossler,…

1Opinion of the CourtMcLaughlin, J.

On the 6th of November, 1888, the defendant as party of the first part, James W. Alexander, party of the second part, and his wife, the plaintiff, as party of the third part, entered into a written contract by the terms of‘which the defendant agreed to pay to Mrs. Alexander, after the death of Mr. Alexander, an annuity of $18,000 during her natural life. Mr. Alexander died September 21, 1915. The defendant refused to pay the annuity specified or to recognize in any way the validity of the contract, and thereupon this action was brought to recover installments alleged to be due thereunder.

The…

2Cases cited21 opinions

  1. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  2. Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
  3. Moran v. . Standard Oil Co.New York Court of Appeals · 1914
  4. Dunning v. . LeavittNew York Court of Appeals · 1881
  5. Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919

16 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
  2. Heaman v. E. N. Rowell Co.New York Court of Appeals · 1933
  3. Rishel v. Pacific Mut. Life Ins. Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1935
  4. Parsons v. LipeNew York Supreme Court · 1933
  5. Aries Ventures Ltd. v. Axa Finance S.A.District Court, S.D. New York · 1990

19 more not listed; retrieve them via the Exa API.

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