Case v. Case
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bert L. Case, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Oswego on the 23d day of January, 1909, ■ upon the verdict of a jury; also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a' new trial made upon the minutes, and also from an order made on the trial allowing the plaintiff to amend his complaint.
1Opinion of the Court
Spring, J.:
The parties are ■ brothers. Their widowed mother, Caroline D. Sandford, owned a farm of sixty-seven acres in the county of Oswego worth $2,500. In T890 she conveyed this farm, which was all of her property, to the plaintiff, who thereafter received the avails therefrom and maintained and cared for his mother. In-September, 1902, she entered into a written agreement with the defendant . whereby “ in consideration of the uniting by said Caroline D. Sand-ford with Earl A. Case and wife in a deed to said Bert L. Case of the farm [mentioned], * * * and in consideration of natural-love…
2Cases cited2 opinions
- Buchanan v. . TildenNew York Court of Appeals · 1899
- Vancleave v. ClarkIndiana Supreme Court · 1889
3Cited by1 opinion
- Dillon v. MagnerAppellate Division of the Supreme Court of the State of New York · 1968