Hamer v. . Sidway
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 1, 1890, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. This action was brought upon an alleged contract.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 1, 1890, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. This action was brought upon an alleged contract. The plaintiff presented a claim to the executor of William E. Story, Sr., for $5,000 and interest from the 6th day of February, 1875. She acquired it through several mesne assignments. from William E. Story, 2d. The claim being rejected by the executor, this action was brought. It appears that…
1Opinion of the CourtParker, J.
The question which provoked the most discussion by counsel on this appeal, and which lies at the foundation of plaintiff’s asserted right of recovery, is whether by virtue of a contract defendant’s testator William E. Story became indebted to his nephew William E. Story, 2d, on his twenty-first birthdaydn the sum of five thousand dollars. The trial court found as a fact that “ on the 20th day of March, 1869, * * * William E. Story agreed to and with William E. Story, 2d, that if lie would refrain from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he…
2Cases cited9 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- White v. . HoytNew York Court of Appeals · 1878
- Day v. . RothNew York Court of Appeals · 1858
- Robinson v. . JewettNew York Court of Appeals · 1889
- Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by175 opinions
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Crane v. . PowellNew York Court of Appeals · 1893
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
170 more not listed; retrieve them via the Exa API.