Keuka College v. . Ray
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 14, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The promise of the defendant was at most an executory gift to pay at a future time by the provisions of a note, and, therefore, void.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 14, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The promise of the defendant was at most an executory gift to pay at a future time by the provisions of a note, and, therefore, void. (Wilson v. B. E. Soc., 10 Barb. 315; Harris v. Clark, 3 N. Y. 111; Matter of James, 146 N. Y. 94; T. T. S. B. Church v. Cornell, 117 N. Y.…
1Opinion of the CourtGray, J.
This action was brought against the defendant upon a promissory note; which is in the following language:
“ $500. Keuka Park, N. Y. Dee. 29, 1893.
“ In consideration of founding a college at Keuka Park, Yates Co., H. Y., I promise to pay to the Treasurer of Keuka College, or order, at the office of said college, the sum of five hundred dollars on or before the first day of January, 1897, with interest annually at five per cent., for the purpose of endowing said Keuka College ; and in case I shall die previous to that date, then this note shall become due and payable in one year from my decease.”
2Cases cited2 opinions
- Bookstaver v. . JayneNew York Court of Appeals · 1875
- Trustees of Hamilton College v. . StewartNew York Court of Appeals · 1848
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- Nebraska Wesleyan University v. Estate of GriswoldNebraska Supreme Court · 1925
- Presbyterian Board of Foreign Missions v. SmithSupreme Court of Pennsylvania · 1904
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
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