Arms v. Arms
New York Supreme Court
The plaintiff and defendant’s testator were husband and wife, having intermarried December 21, 1882. Two days before marriage they entered into an ante-nuptial contract, which provided that the plaintiff should be given therefor a note of $300, payable at the death of the husband, and thirty dollars March 20, 1883, and every six months thereafter during his life. This provision was to be in lieu of dower.
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The plaintiff and defendant’s testator were husband and wife, having intermarried December 21, 1882. Two days before marriage they entered into an ante-nuptial contract, which provided that the plaintiff should be given therefor a note of $300, payable at the death of the husband, and thirty dollars March 20, 1883, and every six months thereafter during his life. This provision was to be in lieu of dower. At the same time the testator executed and delivered the $300 note, which recited: “It being in consideration that the said Olive Fuller shall marry me and become my wife on or before the…
1Opinion of the CourtMartin, J.
The first error complained of by the testator is, that the trial court directed the jury to find as a fact that the defendant’s testator signed the paper in suit as a note. The question chiefly litigated was the validity of the $1,000' note upon which the action was brought. It was alleged as a defense that the note was without consideration and was not executed or delivered by the defendant’s testator.
On the trial the signature to the note was proved by the opinion of one witness. The plaintiff, who was called by the defendant, testified that the defendant’s testator gave her the note in…
2Cases cited5 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Pollock v. . PollockNew York Court of Appeals · 1877
- Kelly v. . BurroughsNew York Court of Appeals · 1886
- Adams v. . AdamsNew York Court of Appeals · 1883
3Cited by1 opinion
- Noonan, Inc. v. HoffSupreme Court of Pennsylvania · 1944