Herrington v. . Robertson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury. (Reported below, 7 Hun, 568.) This action w§s brought against defendant Robertson as ^xecutor of the will of Martha Becker, deceased, to recover upon an alleged promise to repay an advancement, made by plaintiff to said Martha Becker, and to charge the same upon real estate devised by her to her husband, the defendant Becker. The plaintiff advanced to said Martha Becker, deceased, his…
1Opinion of the CourtFolger, J.
This is an action for a recovery by the plaintiff of a sum of money advanced by him to his daughter, on her promise that it should be repaid in an event not unlikely to happen. There is no doubt, from the proofs, and from the finding by the jury, and by the learned trial justice, of the promise made and of the advance upon the strength thereof. The daughter was, at the time, a married woman; but he?1 promise was not invalid for that reason. As soon as the advance should have been made to her, the money would b<* her separate estate. The promise of a married woman is valid, when her separate…
2Cases cited4 opinions
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Frecking v. . RollandNew York Court of Appeals · 1873
- Marquat v. . MarquatNew York Court of Appeals · 1855
- Westervelt v. . AckleyNew York Court of Appeals · 1875
3Cited by11 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Dill v. . WisnerNew York Court of Appeals · 1882
- Troy Bank & Trust Company v. BrantleySupreme Court of Alabama · 1955
- Macomb v. Lake CountySouth Dakota Supreme Court · 1900
- Hascall v. KingAppellate Division of the Supreme Court of the State of New York · 1900
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