De Cicco v. . Schweizer
New York Court of Appeals
Appeal from a judgment of the. Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There is no presumption of a consideration for the contract sued upon arising from the character of the instrument.
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Appeal from a judgment of the. Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There is no presumption of a consideration for the contract sued upon arising from the character of the instrument. (Bender v. Been, 78 Iowa, 283.) The fulfillment of an engagement to marry, subsisting at the time the instrument was executed, could not be a…
1Opinion of the CourtCardozo, J.
On January 16, 1902, “ articles of agreement ” were executed by the defendant Joseph Schweizer, his wife Ernestine, and Count Oberto Guhnelli. The agreement is in Italian. We quote from a translation the part essential to the decision of this controversy:
Whereas, Miss Blanche Josephine Schweizer, daughter of said Mr. Joseph Schweizer and of said Mrs. Ernestine Teresa Schweizer, is now affianced to and is to be married to the above said Count Oberto Giacomo Giovanni Francesco Maria Gulinelli, Now, in consideration of all that is herein set forth the said Mr. Joseph Schweizer promises and…
2Cases cited17 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Durnherr v. . RauNew York Court of Appeals · 1892
- McNutt v. McNuttIndiana Supreme Court · 1888
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3Cited by60 opinions
- Harrison v. United StatesSupreme Court of the United States · 1968
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Seaver v. . RansomNew York Court of Appeals · 1918
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- People v. SpencerCalifornia Supreme Court · 1967
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