Riordan v. First Presbyterian Church
New York Court of Common Pleas
Appeal from city court, general term. Action by Sara Riordan against the First Presbyterian Church of Tremont. From a judgment of the city court (23 Íí. Y. Supp. 323) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals.
Read the full summary
Appeal from city court, general term. Action by Sara Riordan against the First Presbyterian Church of Tremont. From a judgment of the city court (23 Íí. Y. Supp. 323) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. For services rendered to Ann Wilson in her illness, the plaintiff sues upon the subjoined covenant in an agreement between said Wilson and defendant, of which the consideration expressed is the conveyance by Wilson to defendant of a parcel of land in the city of N.ew York: “Fourth. The said the First Presbyterian Church of Tremont, New Y.ork…
1Opinion of the CourtPryor, J.
For a valid consideration, the defendant covenanted with Ann Wilson to “pay and discharge any and all charges and expenses for necessary attendance in case of illness.” Upon allegation and proof of necessary service rendered to Ann Wilson in her illness, the plaintiff has recovered a judgment against the defendant; and the question is whether the defendant’s covenant with Ann Wilson so inured to the benefit of the plaintiff as to support an action by her against the defendant.
Lawrence v. Fox, 20 N. Y. 268, (decided in 1859,) is commonly cited to the proposition that a promise by one for the…
2Cases cited18 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Garnsey v. . RogersNew York Court of Appeals · 1872
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gratwick v. SmithAppellate Division of the Supreme Court of the State of New York · 1922
- Westchester Mortgage Co. v. Thomas B. McIntire, Inc.Appellate Division of the Supreme Court of the State of New York · 1915
- Dilcher v. NellanyNew York Supreme Court · 1907
- Martin v. PeetNew York Supreme Court · 1895
- New York Small Stock Co. v. KlossetNew York Court of Common Pleas · 1895
3 more not listed; retrieve them via the Exa API.