Winne v. . Winne
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 12, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, without a jury. The nature of the action and the facts, so .far as material, are stated in the opinion. The alleged agreement being in writing, the plaintiff’s case must be sustained entirely upon the contents and effect of the writing.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 12, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, without a jury. The nature of the action and the facts, so .far as material, are stated in the opinion. The alleged agreement being in writing, the plaintiff’s case must be sustained entirely upon the contents and effect of the writing. (Long v. N. Y. C. R. R. Co., 50 N. Y. 76; Wilson v. Deen, 74 N. Y. 531; Buckley v. Bentley, 48 Barb. 283.) The-rule excluding parol…
1Opinion of the CourtHabito, J.
The purpose of this action was to enforce by specific performance a contract made by the defendants’ intestate with the plaintiff’s mother for his benefit. The plaintiff was the son of Loren and Harriet Wetherbee. In 1870, while he was under the sole charge, custody' and control of his mother, she delivered him into the custody and control of Emily Goodemote, afterwards known as Emily Winne, under and in pursuance of a written agreement made by and between Harriet Wetherbee for the benefit of the plaintiff, and Emily Goodemote, with the consent of her husband. This agreement was left in the…
2Cases cited21 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Stanton v. . MillerNew York Court of Appeals · 1874
- Parsell v. . StrykerNew York Court of Appeals · 1869
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3Cited by95 opinions
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Ex Parte SimonsSupreme Court of the United States · 1918
- Anderson v. AndersonSupreme Court of Kansas · 1907
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Cubley v. BarbeeTexas Supreme Court · 1934
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