Legal Opinion

Turk v. . Ridge

New York Court of Appeals

Decided September 25, 1869PublishedCited by 27 opinions

Appeal from the judgment of the General Term of the Supreme Court, in the eighth judicial district, affirming judgment for the plaintiff upon the report of referee. In this case, one Philip Perkins owed Harriet Perkins a promissory note of $595, dated October 9, 1856, payable in three years from the first day of November then next, with interest.

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Appeal from the judgment of the General Term of the Supreme Court, in the eighth judicial district, affirming judgment for the plaintiff upon the report of referee. In this case, one Philip Perkins owed Harriet Perkins a promissory note of $595, dated October 9, 1856, payable in three years from the first day of November then next, with interest. On the first day of September, 1857, Philip Perkins conveyed a farm to the defendant, and in consideration thereof, the defendant executed and delivered to the said Philip Perkins his bond, in the penal sum of $15,000, in which he acknowledged…

1Opinion of the CourtMason, J.

The first question, presented in this case, is, whether this bond gave any right of action to Harriet Perkins against the defendant.

Whatever may be said as to the rule elsewhere, the law must be regarded as settled in this State, that an agreement made by the defendant with Philip Perkins, upon the consideration appearing in this case, to pay this note to Harriet Perkins, is good and valid, and gives to her an action against the defendant, if she sees fit to adopt the arrangement made for her benefit, although she was not a party to the agreement. (Lawrence v. Fox, 20 N. Y. R., 268; Burr v.…

2Cases cited1 opinion

  1. Arnold v. LymanMassachusetts Supreme Judicial Court · 1821

3Cited by27 opinions

  1. Vrooman v. . TurnerNew York Court of Appeals · 1877
  2. Simson v. . BrownNew York Court of Appeals · 1877
  3. Burton v. LarkinSupreme Court of Kansas · 1887
  4. Parker v. JefferyOregon Supreme Court · 1894
  5. Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878

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