Brantingham v. . Huff
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1901, affirming a 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 opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1901, affirming a 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 opinion. The written agreement of December 21, 1863, known as the indenture, controls the rights and obligations of the plaintiff and her mother on the one hand and of the deceased on the other hand, and parol evidence was not admissible to contradict, enlarge or vary its terms and…
1Opinion of the CourtHaight, J.
This action was brought to compel the specific performance of a contract alleged to have been made by Joseph Thorne and his wife, with one Mary Lillie Lee, the mother of the plaintiff, in the city of Hew York on the 21st day of December, 1863, for the adoption by said Thorne and wife of the plaintiff, who was then an infant of the age of one year and eleven months.
The complaint alleges that Thorne and his wife agreed to consider the plaintiff as their heir at law and next of kin, and that at their death she should have such property as they might then have to dispose of; that thereupon a…
2Cases cited8 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Winne v. . WinneNew York Court of Appeals · 1901
- Brantingham v. HuffNew York Court of Appeals · 1898
- Stowell v. . Greenwich Ins. Co.New York Court of Appeals · 1900
- Case v. Phœnix Bridge Co.New York Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Mahaney v. . CarrNew York Court of Appeals · 1903
- Lese v. . LamprechtNew York Court of Appeals · 1909
- Horner v. MaxwellSupreme Court of Iowa · 1915
- Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1932
10 more not listed; retrieve them via the Exa API.