Presb. Church of Albany v. . Cooper
New York Court of Appeals
Appeal from." order of the General Term of the Supreme Court in the third judicial department, made the first Tuesday of May, 1887, which reversed a judgment in favor of plaintiff, entered upon the report of a referee, and ordered a new trial. (Reported below, 45 Hun, 453.) This was a reference under the statute of a disputed claim against the estate of Thomas P. Crook, defendant’s intestate.
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Appeal from." order of the General Term of the Supreme Court in the third judicial department, made the first Tuesday of May, 1887, which reversed a judgment in favor of plaintiff, entered upon the report of a referee, and ordered a new trial. (Reported below, 45 Hun, 453.) This was a reference under the statute of a disputed claim against the estate of Thomas P. Crook, defendant’s intestate. The claim arose under a subscription paper, of which the following is a copy: “We, the undersigned, hereby severally promise and agree to and with the trustees of the First Presbyterian Church in this…
1Opinion of the CourtAndrews, J.
It is, we think, an insuperable objection to the maintenance of this action, that there was no valid consideration to uphold the subscription of the defendants’ intestate. It is, of course, unquestionable that no action can be maintained to enforce a gratuitous promise, however worthy the object intended to be promoted. The performance of such a promise rests wholly on the will of the person making it. He can refuse to perform, and his legal right to do so cannot be disputed, although his refusal may disappoint reasonable expectations, or may not be justified in the forum of conscience. By…
2Cases cited4 opinions
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- Barnes v. . PerineNew York Court of Appeals · 1854
- Trustees of Hamilton College v. . StewartNew York Court of Appeals · 1848
- Stewart v. Trustees of Hamilton CollegeNew York Supreme Court · 1845
3Cited by41 opinions
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- I. & I. Holding Corp. v. GainsburgNew York Court of Appeals · 1938
- Nebraska Wesleyan University v. Estate of GriswoldNebraska Supreme Court · 1925
- Twenty-Third Street Baptist Church v. CornellNew York Court of Appeals · 1890
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