Bryce v. Gibbs

Appellate Division of the Supreme Court of New York

Bryce v. Gibbs

257 A.D. 911, 12 N.Y.S.2d 244, 1939 N.Y. App. Div. LEXIS 8358

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 3, 1939

StatusPublished

This text of 257 A.D. 911 (Bryce v. Gibbs) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryce v. Gibbs, 257 A.D. 911, 12 N.Y.S.2d 244, 1939 N.Y. App. Div. LEXIS 8358 (N.Y. Ct. App. 1939).

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Opinion

— Judgment affirmed, with costs. Memorandum: We conclude that the contract of February 1, 1928, between George H. Hughes, Evelyn C. Hughes, Charles K. Bryce and Louis Morpurgo was founded upon a valid consideration and was legally enforceable. Upon the death of George H. Hughes, Evelyn C. Hughes, as his survivor,— by rights which are contractual in character and have their origin in the express terms of the contract of February 1, 1928,— became entitled to the weekly payments due to her husband thereunder. All concur. (The judgment determines a certain fund not to be part of the estate of George H. Hughes, but directs it to be paid to the executor of the estate of Evelyn C. Hughes, in an action under an assignment of installments in claimed fraud of creditors.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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— Judgment affirmed, with costs. Memorandum: We conclude that the contract of February 1, 1928, between George H. Hughes, Evelyn C. Hughes, Charles K. Bryce and Louis Morpurgo was founded upon a valid consideration and was legally enforceable. Upon the death of George H. Hughes, Evelyn C. Hughes, as his survivor,— by rights which are contractual in character and have their origin in the express terms of the contract of February 1, 1928,— became entitled to the weekly payments due to her husband thereunder. All concur. (The judgment determines a certain fund not to be part of the estate of George H. Hughes, but directs it to be paid to the executor of the estate of Evelyn C. Hughes, in an action under an assignment of installments in claimed fraud of creditors.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Bluebook (online)

257 A.D. 911, 12 N.Y.S.2d 244, 1939 N.Y. App. Div. LEXIS 8358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryce-v-gibbs-nyappdiv-1939.