Case v. . Case
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1910, imanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the a-ction and the facts, so far as material, are stated in the opinion. No cause óf action in favor of the plaintiff was proven upon the trial.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1910, imanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the a-ction and the facts, so far as material, are stated in the opinion. No cause óf action in favor of the plaintiff was proven upon the trial. (Buchanan v. Tilden, 158 N. Y. 109; Van Cleave v. Clark, 3 L. R. A. 519; Durnherr v. Rau, 135 N. Y. 219; Garnsey v. Rogers, 47 N. Y. 233; Vrooman v. Turner, 69 N. Y. 280; Lorillard v. Clyde, 122 N. Y. 498; Lawrence v. Fox, 20 N. Y.…
1Opinion of the CourtWerner, J.
The controlling question in this case is whether an action can be maintained upon a contract under seal by one who is not a party to the instrument. The action is brought by the plaintiff against his brother, upon a contract under seal, made by the latter with his mother for her support and maintenance. The contract recites that it was entered into by the defendant upon the consideration that the mother, who is the other party thereto, had united with the plaintiff in a deed of a farm to the defendant, and that by the contract, based upon the consideration, the defendant bound himself to…
2Cases cited4 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Durnherr v. . RauNew York Court of Appeals · 1892
- Phalen v. . United States Trust Co.New York Court of Appeals · 1906
- Borland v. . WelchNew York Court of Appeals · 1900
3Cited by15 opinions
- Goodman-Marks Associates Inc. v. Westbury Post AssociatesAppellate Division of the Supreme Court of the State of New York · 1979
- Crowley v. LewisNew York Court of Appeals · 1925
- De Mills Co. v. CaseyNew York Supreme Court · 1923
- Spartan Concrete Corp. v. Harbour Valley Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- De Mille Co. v. CaseyNew York Supreme Court · 1921
10 more not listed; retrieve them via the Exa API.