Legal Opinion · Dissent
Duncan v. Clarke
New York Court of Appeals
Decided March 10, 1955Published
1DissentBurke, J.
The appellants rely on Rosseau v. Rouss (180 N. Y. 116) to support their objections to the admission of the testimony of the grandmother of Beryl Duncan, the infant plaintiff-respondent herein. This court in the prevailing opinion in Rosseau v. Rouss (supra) clearly excluded the circumstances in this case from the ruling laid down therein, when it stated: ‘ ‘ There is a distinction between a contract by a putative father to pay a.third person for the mere support of his natural child, which was the case in Todd v. Weber (95 N. Y. 181), and an agreement with the mother to settle a fortune upon…
2Cases cited11 opinions
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Todd v. . WeberNew York Court of Appeals · 1884
- Croker v. New York Trust Co.New York Court of Appeals · 1927
- Healy v. HealyAppellate Division of the Supreme Court of the State of New York · 1900
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