Seymour v. Warren
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cornelia Seymour, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 17th day of January, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 27th day of January, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J. :
On the first trial the plaintiff’s verdict was set aside and a new trial was granted. We affirmed that order. (59 App. Div. 120.) The plaintiff then amended her complaint so as to state two separate and complete causes of action. The sole relief demanded is for damages for breach of contract. We held in the 59th Appellate Division Reports (supra) that “ as the agreement is unquestionably one which, by its terms, is not to be performed within one year from the making thereof, it was void unless in writing.” I do not perceive how the amendment has cured this defect. For it matters…
2Cases cited2 opinions
- Day v. . N.Y.C.R.R. Co.New York Court of Appeals · 1873
- Seymour v. WarrenAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Elsberry v. SextonSupreme Court of Florida · 1911