Knapp v. Phelps

New York Supreme Court

Knapp v. Phelps

30 N.Y. Sup. Ct. 527

DecidedJanuary 15, 1881

StatusPublished

This text of 30 N.Y. Sup. Ct. 527 (Knapp v. Phelps) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Knapp v. Phelps, 30 N.Y. Sup. Ct. 527 (N.Y. Super. Ct. 1881).

Pincite

Opinion

Judgment affirmed with costs. Held, (1) that the defendant’s agreement to pay the debt secured by mortgage on her land was not within the statute of frauds, it being founded upon an original consideration, to wit, the agreement of the plaintiff to extend the time of payment at her request; and (2) that as the agreement was for the benefit of the defendant’s separate estate it was valid notwithstanding her coverture.

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Judgment affirmed with costs. Held, (1) that the defendant’s agreement to pay the debt secured by mortgage on her land was not within the statute of frauds, it being founded upon an original consideration, to wit, the agreement of the plaintiff to extend the time of payment at her request; and (2) that as the agreement was for the benefit of the defendant’s separate estate it was valid notwithstanding her coverture.

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Bluebook (online)

30 N.Y. Sup. Ct. 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knapp-v-phelps-nysupct-1881.