Feeter v. . Weber
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 12 J. & S., 255.) This action was brought upon four promissory notes executed by Charles F. Weber, defendant’s testator, to the widow and executrix of Albert Weber. The facts appear sufficiently in the opinion. The law will not uphold a compromise of an unfounded claim extorted by suit.
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Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 12 J. & S., 255.) This action was brought upon four promissory notes executed by Charles F. Weber, defendant’s testator, to the widow and executrix of Albert Weber. The facts appear sufficiently in the opinion. The law will not uphold a compromise of an unfounded claim extorted by suit. (Edwards v. Baugh, 11 Mees. & Weis., 641-645; Jones v. Ashburnham, 4 East, 463; S. B. Palfrey v. Portland S. and P. It. R. Go., 4 Allen,…
1Opinion of the CourtBapallo, J.
It appeared upon the trial that the notes, in suit were given by Charles F. Weber, deceased, in compromise and settlement of an action in the Superior Court, and proceedings in the surrogate’s court, instituted against the-deceased in his life-time, by the widow and executrix of his deceased son Albert Weber. That the citation from the-surrogate’s court was served in the beginning of May, 1874, and the settlement was consummated in September, 1874, when the deceased gave the notes in suit and received from the executrix of his son a stipulation, reciting that the action in the Superior Court…
2Cases cited1 opinion
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
3Cited by21 opinions
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Bandman v. . FinnNew York Court of Appeals · 1906
- McGlynn v. ScottNorth Dakota Supreme Court · 1894
- In re the Estate of SidmanNew York Surrogate's Court · 1935
- Hazleton v. WebsterAppellate Division of the Supreme Court of the State of New York · 1897
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