Lamkin v. . Palmer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 30, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There was no consideration for defendant’s alleged promise to pay the plaintiff, and such, if made at all, was a void .promise.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 30, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There was no consideration for defendant’s alleged promise to pay the plaintiff, and such, if made at all, was a void .promise. (Jones v. Bacon, 72 Hun, 506.) The promise of the defendant to pay the plaintiff’s claim in order to procure him to sign the consent was…
1Opinion of the CourtHaight, J.
This action was brought to recover the sum of $2,150.00 upon an oral promise of the defendant to pay the plaintiff that sum out of the proceeds of the sale of the property of the M. S. Robinson Musee Co.
The facts are somewhat complicated, but for the purpose of raising the questions presented upon this appeal, they may be briefly stated as follows: The plaintiff was an employee and stockholder in the M. S. Robinson Musee Co., a corporation operating theatres in the city of Buffalo and in the city of Rochester. He had loaned to the president of the company, M. S. Robinson, to be used by the…
2Cases cited7 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Reed v. . McCordNew York Court of Appeals · 1899
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Raabe v. . SquierNew York Court of Appeals · 1895
- Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
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3Cited by3 opinions
- Newburger v. American Surety Co.New York Court of Appeals · 1926
- Lord v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1905
- In re the Construction of the Last Will & Testament of AlthausNew York Surrogate's Court · 1915