Lord v. . Cronin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third "judicial department, entered September 21, 1896, reversing a judgment in favor of defendant entered on a nonsuit granted at Circuit and granting a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third "judicial department, entered September 21, 1896, reversing a judgment in favor of defendant entered on a nonsuit granted at Circuit and granting a new trial. This action was brought to recover the sum of $8,000 which the plaintiff’s testatrix is alleged to have lent to the defendant on or about the second day of May, 1892. The answer contains in substance a general denial and several affirmative defenses not material on this appeal. Upon the trial it appeared that prior to May, 1892, the testatrix, who was the…
1Opinion of the CourtVann, J.
The contract in question, although unilateral in form, was binding upon both parties named therein, as one had assented thereto by subscribing his name at the end thereof, and the other by accepting the instrument so signed as a valid and operative agreement and acting thereupon. (L'Amoreux v. Gould, 7 N. Y. 349; Justice v. Lang, 42 N. Y. 493, 498; Mason v. Decker, 72 N. Y. 595.) It is to be observed, however, that every express promise appearing in the contract was made by the defendant, who covenanted in the first place that if he should die before his wife, the sum borrowed should be a…
2Cases cited3 opinions
- Justice v. . LangNew York Court of Appeals · 1870
- Mason v. . DeckerNew York Court of Appeals · 1878
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
3Cited by4 opinions
- 300 West End Avenue Corp. v. WarnerNew York Court of Appeals · 1929
- State ex rel. Tozer v. Probate CourtSupreme Court of Minnesota · 1907
- Fleck v. FleckNew York Supreme Court · 1965
- Aetna Indemnity Co. v. RyanNew York Supreme Court · 1907