Killian v. Heinzerling
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Agnes E. Killian, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of June, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Patterson, J.:
This action is, in effect, one for the specific performance of a verbal contract which the plaintiff alleges was made between herself and one John Schellhase, since deceased, but in it is involved also the right of the plaintiff to property which she claims was given to her by Schellhase. The complaint contains the following allegations : That the decedent in his lifetime was the owner of a lease of premises in Fourth avenue, in the city of Hew York, and of the good will of a business which he conducted on said premises and of certain enumerated articles of merchandise of the…
2Cases cited2 opinions
- Cooper v. BurrNew York Supreme Court · 1865
- Pink v. ChurchNew York Supreme Court · 1891
3Cited by5 opinions
- In re the Estate of DavisNew York Surrogate's Court · 1927
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
- Craig v. NorwoodIndiana Court of Appeals · 1915
- In re the Judicial Settlement of the Account of Proceedings of Van AlstyneAppellate Division of the Supreme Court of the State of New York · 1911
- Killian v. HeinzerlingAppellate Division of the Supreme Court of the State of New York · 1907