McCartney v. Titsworth
Appellate Division of the Supreme Court of the State of New York
. ■ Appeal by the defendant, Josiah E. Títsworth, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of Allegany on the 2d day of J uly, 1906, apon the verdict of a jury rendered by direction of the court, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 2d day of July, 1906, denying said defendant’s motion for a new.trial made upon the minutes. , . • ..
1DissentKruse, J.
(dissenting) :
The question presented by this appeal is whether the oral agreement made between the defendant Josiah E. Titsworth and his wife whereby she agreed to take title to the lands in question and convey the same to him at any time upon his request is énforcible and constitutes him the equitable owner of the lands. The solution óf that question depends upon whether what was done- by the husband under and in reliance upon -the agreement was sufficient to take it. out of the statute requiring such an agreement to be in writing.' . • '
I think we must assume from the proof that was offered…
2Cases cited4 opinions
- Gage v. GageNew York Supreme Court · 1894
- Gould v. GouldNew York Supreme Court · 1889
- Smith v. BalcomAppellate Division of the Supreme Court of the State of New York · 1897
- Gage v. GageAppellate Division of the Supreme Court of the State of New York · 1897