Sands v. . Crooke
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second department, reversing a judgment entered on the verdict of a jury and granting a new trial. The facts sufficiently appear in the opinion. The only questions to be considered are those of law arising upon the exceptions. (Code, § 272; 34 N. Y., 370; 33 N. Y., 587.) A parol promise to indemnify for an act to be done is valid. (Allaire v. Ouland, 2 John.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second department, reversing a judgment entered on the verdict of a jury and granting a new trial. The facts sufficiently appear in the opinion. The only questions to be considered are those of law arising upon the exceptions. (Code, § 272; 34 N. Y., 370; 33 N. Y., 587.) A parol promise to indemnify for an act to be done is valid. (Allaire v. Ouland, 2 John. Ch., 52; Messereau v. Lewis, 25 Wend., 243.) The questions were properly determined by the court and jury. (Hasbrook v. Paddock, 1 Barb., 635; Blossom v. Griffin, 3 Ker.,…
1Opinion of the CourtBatallo, J.
This action was brought to recover certain losses sustained by the plaintiffs, and against which they alleged that the defendant had, by an oral agreement, undertaken to indemnify them.
The defendant was the owner of a dock and storehouse situate on the Hudson river at Poughkeepsie, which had, prior to May, 1867, been used for the freighting business, but were at that time not in use. The complaint alleges that the disuse of the property for that purpose detracted largely from its value, and that the defendant, being desirous of re-establishing the freighting business from his said dock, on or…
2Cases cited3 opinions
- Young v. . DavisNew York Court of Appeals · 1864
- Parker v. JervisNew York Court of Appeals · 1867
- East River Bank v. KennedyNew York Court of Appeals · 1868
3Cited by13 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Miller v. . McKenzieNew York Court of Appeals · 1884
- McEteere v. LittleNew York Court of Common Pleas · 1878
- White v. . BaxterNew York Court of Appeals · 1877
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
8 more not listed; retrieve them via the Exa API.