Todd v. . Weber
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 22, 1883, which reversed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. Mrs: Story had no standing to enforce the alleged promise. This is not a case of mutual promises, where one has performed and calls on the other for performance. (Watkins v. Perkins, 1 Ld.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 22, 1883, which reversed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. Mrs: Story had no standing to enforce the alleged promise. This is not a case of mutual promises, where one has performed and calls on the other for performance. (Watkins v. Perkins, 1 Ld. Raym. 224; Birdsall v. Egerton, 25 Wend. 619.) The plaintiff cannot recover as the beneficiary of a promise made to a third person.…
1Opinion of the CourtDanforth, J.
The complaint is two-fold : First: That the defendant’s testator, the father of the plaintiff, although not the husband of her mother, being applied to by Margaret Voris, Francis A. Knapp, Hester A. Knapp and Louisa A Story to provide for the plaintiff, promised them that he would pay for her maintenance, support and education, by making due and sufficient provision for her by his last will, in consideration that they would support her during the term of his natural life; avers that these persons were relatives of the plaintiff’s mother, and that upon this promise they maintained, cared for,…
2Cases cited11 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Barker v. BucklinNew York Supreme Court · 1846
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
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- L'Amoreux v. . GouldNew York Court of Appeals · 1852
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- People Ex Rel. Lawton v. . SnellNew York Court of Appeals · 1916
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