Miller v. Sullivan

Appellate Terms of the Supreme Court of New York

Miller v. Sullivan

33 Misc. 752, 67 N.Y.S. 168

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1900

StatusPublished

This text of 33 Misc. 752 (Miller v. Sullivan) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Sullivan, 33 Misc. 752, 67 N.Y.S. 168 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

If the disputed facts respecting the first agreement between the parties were resolved in favor of the defendants, the plaintiff would, nevertheless, be entitled to recover on the evidence in this case. Plaintiff’s evidence relating to the making of the second agreement is amply supported by the evidence of disinterested witnesses, and as a contract under seal may be annulled by a substituted parol agreement followed by actual performance (McCreery v. Day, 119 N. Y. 1), the judgment should be affirmed.

Present: Beekman, P. J., Giegerioh and O’Gorman, JJ.

Judgment affirmed, with costs.

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Per Curiam.

If the disputed facts respecting the first agreement between the parties were resolved in favor of the defendants, the plaintiff would, nevertheless, be entitled to recover on the evidence in this case. Plaintiff’s evidence relating to the making of the second agreement is amply supported by the evidence of disinterested witnesses, and as a contract under seal may be annulled by a substituted parol agreement followed by actual performance (McCreery v. Day, 119 N. Y. 1), the judgment should be affirmed.

Present: Beekman, P. J., Giegerioh and O’Gorman, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

33 Misc. 752, 67 N.Y.S. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-sullivan-nyappterm-1900.

Opinion

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