Earl v. . Peck
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a promissory note made and executed by defendant’s testator, George Peck, of which the following is a copy: “.$10,000. For value received, I promise to pay Mary Earl, for services rendered, ten thousand dollars. “ Stanford, October 12, 1873. “(Signed) GEOEGE PECK.”
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a promissory note made and executed by defendant’s testator, George Peck, of which the following is a copy: “.$10,000. For value received, I promise to pay Mary Earl, for services rendered, ten thousand dollars. “ Stanford, October 12, 1873. “(Signed) GEOEGE PECK.” The deceased was a physician. Plaintiff had been in his service as his housekeeper from 1867 up to the time of his death, which occurred a…
1Opinion of the Court
Church, Ch. J.
The defendant’s intestate made the note-upon which the action was brought after he had taken by mistake a fatal dose of aconite. He was a physician, and was conscious of his approaching death, which occurred about two hours after the note was made. Some evidence was given as to the state of mind of the deceased, and -upon the.question of undue influence, but it was rather slight, and was properly submitted to the jury. The same remark is true as to the question of delivery. The only point insisted upon in this-court, relates to the consideration. The note is for $10,000, and…
2Cases cited1 opinion
- Worth v. . CaseNew York Court of Appeals · 1870
3Cited by35 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Mandel v. LiebmanNew York Court of Appeals · 1951
- Wolford v. PowersIndiana Supreme Court · 1882
- In re the Estate of DeyoNew York Surrogate's Court · 1943
- Price v. JonesIndiana Supreme Court · 1886
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