McDougall v. Wait

New York Supreme Court

McDougall v. Wait

33 N.Y. Sup. Ct. 243

DecidedJanuary 15, 1882

StatusPublished

This text of 33 N.Y. Sup. Ct. 243 (McDougall v. Wait) 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

McDougall v. Wait, 33 N.Y. Sup. Ct. 243 (N.Y. Super. Ct. 1882).

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Opinion

Judgment reversed and new trial ordered, costs to abide event. Held, that'the agreement is not within'the statute of frauds, as it was fully executed on the part of the plaintiff at the time when it was made; that if the agreement were void by the statute, the plaintiff would be entitled to recover back the money paid by him to the defendant, and that as to all other questions the case is controlled by that of Grover v. Wait (59 N. Y., 156).

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Judgment reversed and new trial ordered, costs to abide event. Held, that'the agreement is not within'the statute of frauds, as it was fully executed on the part of the plaintiff at the time when it was made; that if the agreement were void by the statute, the plaintiff would be entitled to recover back the money paid by him to the defendant, and that as to all other questions the case is controlled by that of Grover v. Wait (59 N. Y., 156).

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Bluebook (online)

33 N.Y. Sup. Ct. 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdougall-v-wait-nysupct-1882.

Opinion

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