Holt v. . Tuite
New York Court of Appeals
Appeal from a final judgment entered May 21,1906, upon an order of the Appellate Division of the Supreme Court in the second judicial department affirming an interlocutory * judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opiniop. Ho contract whereby Margaret Gallagher became entitled to the estatq of Bridget Ditton was proven.
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Appeal from a final judgment entered May 21,1906, upon an order of the Appellate Division of the Supreme Court in the second judicial department affirming an interlocutory * judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opiniop. Ho contract whereby Margaret Gallagher became entitled to the estatq of Bridget Ditton was proven. (Hamlin v. Stevens, 177 N. Y. 47; Rosseau v. Rouss, 180 N. Y. 116; Southwick v. F. Nat. Bank, 84 N. Y. 429 ; Bradt v. Frank, 164 N. Y. 579; Ide…
1Opinion of the CourtHisoock, J.
This action was originally brought by Margaret Gallagher, and she having died, the present plaintiff was substituted in her place. It was: brought to compel specific performance of a contract alleged to have been made between the intestate, Bridget Ditton, and said Margaret Gallagher while an infant, whereby the former agreed that upon her death all of her property should pass to the latter in consideration during the former’s life of the companionship of, and the * assumption of a child’s duties and the performance of certain other services by' said Margaret, and which contract, it is…
2Cases cited4 opinions
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Winne v. . WinneNew York Court of Appeals · 1901
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
3Cited by29 opinions
- Middleworth v. . OrdwayNew York Court of Appeals · 1908
- In re the Estate of DitsonNew York Surrogate's Court · 1941
- Burdick v. GrimshawNew Jersey Court of Chancery · 1933
- Lapiedra v. American Surety Co.New York Court of Appeals · 1928
- In Re the Estate of McMillanNew York Court of Appeals · 1916
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