Thomas v. Friedman

The plaintiff has moved for judgment on the pleadings under rule 112 of the Buies of Civil Practice, and the defendants have also moved for judgment under that rule.

The pleadings show the following facts, which are not in dispute: On June 10, 1948, one Jonkhoff, now deceased, sent a letter through the mails to a firm of attorneys, which read as follows: “ I am enclosing to you herewith a check to your order in the amount of $3,000.00, the proceeds of which you will pay over to my affianced wife Amalia Thomas, in the event of my death prior to our marriage ”. A check in the sum of $3,000,…