Healy v. Healy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Dorns Healy, as administrator, etc., of Joshua Healy, deceased, and others, from a judgment of the Supreme Court in fav.or of the plaintiff, entered in the office of the clerk' of the county of Steuben on the 6th day of June, 1900, upon, the decision of the court, rendered after a trial at the Steuben Special Term..
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Appeal by the defendants, Dorns Healy, as administrator, etc., of Joshua Healy, deceased, and others, from a judgment of the Supreme Court in fav.or of the plaintiff, entered in the office of the clerk' of the county of Steuben on the 6th day of June, 1900, upon, the decision of the court, rendered after a trial at the Steuben Special Term.. This action, which was commenced on the 28th day of ¡November,, 1898, was brought to enforce the specific performance of a parol contract which, it is claimed, was entered into in the year 1877, between Jennie D. Chichester, the mother of the plaintiff,…
1Opinion of the Court
Adams, P. J.:
We think the facts of this case not only warrant the conclusion reached by the learned trial justice, but that they are such as to fully justify a court of equity, within the rigid rules applicable to cases *318of this character, in decreeing the relief sought through the medium of this action.
The evidence upon the part of the plaintiff satisfactorily establishes the fact that at the- time Mrs. Chichester surrendered the plaintiff into the control and custody of Joshua Healy it was upon the express understanding and promise that her child should be sup-. ported, educated and…
2Cases cited3 opinions
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Gates v. GatesAppellate Division of the Supreme Court of the State of New York · 1898
- Roberge v. WinneNew York Court of Appeals · 1895
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- Bouton v. . WelchNew York Court of Appeals · 1902
- Scruggs v. CotterillAppellate Division of the Supreme Court of the State of New York · 1902
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