Hamilton v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur S. Hamilton, from a judgment -of the "Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of'Monroe on the 4th day of April, 1908, upon the decision of the court rendered after a trial at the Monroe Trial Term,, a jury having'been waived. ■ The action is brought to recover the quarterly installments of $250 each, accruing during the six years prior to the commencement . of this action On a written…
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Appeal by the defendant, Arthur S. Hamilton, from a judgment -of the "Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of'Monroe on the 4th day of April, 1908, upon the decision of the court rendered after a trial at the Monroe Trial Term,, a jury having'been waived. ■ The action is brought to recover the quarterly installments of $250 each, accruing during the six years prior to the commencement . of this action On a written agreement signed by the defendant.
1Opinion of the Court
Foote, J.:
This action is brought to recover the unpaid installments due - ' xupon the following agreement: ..“$1,000. Annuity.
“Payable Quarterly. Rochester, M. Y:, April 15, 1874.
“For value received,. I hereby promise to pay Mrs. Sarah Hamilton, the sum of $250 each, first day of January, April, July and October, from and after the day of the death of our father, Samuel Hamilton. These payments to be continued during the term of her life, and in case of her (Mrs. Sarah H.) death, the same shall be paid to her daughter (Julia A.) during her life.
“ARTHUR S. HAMILTON".”
The parties are brother…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Rector, Etc. v. . TeedNew York Court of Appeals · 1890
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Eaton v. LibbeyMassachusetts Supreme Judicial Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Owens v. BlackburnAppellate Division of the Supreme Court of the State of New York · 1914
- Bobrick v. Second National BankAppellate Division of the Supreme Court of the State of New York · 1916
- In re DanaherAppellate Division of the Supreme Court of the State of New York · 1927
- H. R. Moch Co. v. Rensselaer Water Co.New York Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.