Parsons v. . Teller
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1906, affirming a judgment in favor of plaintiff, entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1906, affirming a judgment in favor of plaintiff, entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. There was no consideration for the contract of 1890. (Sims v. Everhardt, 102 U. S. 300 ; McGreal v. Taylor, 167 U. S. 688; Lowell v. Daniels, 2 Cray, 161; Brown v. McCune, 5 Sandf. 224; Murphy v. Holmes, 87 App. Div. 366 ; Wheelwright v. Moore, 1 Hall, 201; Weller v.…
1Opinion of the Court
Cullen, Ch. J.
Tins action is brought against the defendant as administrator of the will annexed upon the following agreement executed by his testatrix: “This agreement, made this eighteenth day of December, in the year one thousand eight hundred and ninety, between Daisy King Smith, wife of Willoughby Statham Smith, and said Willoughby S. Smith, of London, England, of the first part, William J. King, as guardian of the said Daisy King Smith, of the second part, and Sara B. Parsons, now of Buffalo, of the third part:
“ Witnesseth :
“ Whereas, the party of the third part heretofore entered the…
2Cases cited2 opinions
- Earl v. . PeckNew York Court of Appeals · 1876
- Goulding v. . DavidsonNew York Court of Appeals · 1863
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- Cockrell v. McKennaSupreme Court of New Jersey · 1926
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