Kinney v. . Kinney
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 5, 1914, affirming a' judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 5, 1914, affirming a' judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The failure of the plaintiff to perform for twelve years any of the things which he bound himself by his contract to do and his refusal upon request to do things which he was asked to do constituted a breach of the contract. (Davis v. Davis, 81 Vt. 259; Abbott…
1Opinion of the CourtMcLaughlin, J.
This action was brought to set aside a deed of conveyance from the plaintiff to his nephew, the defendant John W. Kinney, the consideration of which was the latter’s agreement to, among other things, properly support and care for the plaintiff during life, and upon his death to pay his funeral expenses. There have been two trials. The first resulted in a judgment setting aside the deed on the ground of the nephew’s failure to perform the agreement. On appeal the same was reversed as against the weight of evidence and a new trial ordered (152 App. Div. 901). The second trial resulted in a…
2Cases cited8 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Richter v. RichterIndiana Supreme Court · 1887
- Whalen v. . StuartNew York Court of Appeals · 1909
- Spaulding v. . HallenbeckNew York Court of Appeals · 1866
- Stehle v. StehleAppellate Division of the Supreme Court of the State of New York · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jahss v. LichtermanNew York Supreme Court · 1950
- Knothe v. KnotheAppellate Division of the Supreme Court of the State of New York · 1923
- Rignel v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1947