Hadley v. Reed
New York Supreme Court
Appeal from circuit court, Westchester county. Action by Ella S. Hadley against Mary Jane Reed, as administratrix of Jane Lu Gar, deceased, upon a promissory note made by said Jane Lu Gar payable to the order of plaintiff, one of her daughters, and alleged to have been given to equalize the distribution of the estate of the maker among her children.
Read the full summary
Appeal from circuit court, Westchester county. Action by Ella S. Hadley against Mary Jane Reed, as administratrix of Jane Lu Gar, deceased, upon a promissory note made by said Jane Lu Gar payable to the order of plaintiff, one of her daughters, and alleged to have been given to equalize the distribution of the estate of the maker among her children. From a judgment for defendant entered on the dismissal of the complaint on trial by the court, a jury having been waived, plaintiff appeals.
1Opinion of the CourtPratt, J.
The law seems to be firmly settled that natural love and affection do not constitute a sufficient consideration to support an executory contract. Whitaker v. Whitaker, 52 N. Y. 372; Fink v. Cox, 18 Johns. 145; Harris v. Clark, 3 N. Y. 93. Starting from this point, the question arises *164whether there is anything to take the case from under this rule. The counsel for the appellant claims that the note was given to equalize the distribution of the maker’s estate among her children; but this would not be a sufficient consideration. Parish v. Stone, 14 Pick. 198. Neither has the claim that the…
2Cases cited3 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Fink v. CoxNew York Supreme Court · 1820
- Linderman v. . FarquharsonNew York Court of Appeals · 1886
3Cited by2 opinions
- Fischer v. Union Trust Co.Michigan Supreme Court · 1904
- Atkins v. CommissionerUnited States Board of Tax Appeals · 1927