Weeks v. Weeks

Appellate Division of the Supreme Court of New York

Weeks v. Weeks

265 A.D. 942, 38 N.Y.S.2d 583, 1942 N.Y. App. Div. LEXIS 6663

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

DecidedDecember 7, 1942

StatusPublished

Cited by1 cases

This text of 265 A.D. 942 (Weeks v. Weeks) 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

Weeks v. Weeks, 265 A.D. 942, 38 N.Y.S.2d 583, 1942 N.Y. App. Div. LEXIS 6663 (N.Y. Ct. App. 1942).

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Opinion

We are of opinion that the plaintiff is entitled to adduce oral evidence in support of the allegations of the complaint that the conveyances by deeds, absolute in form, were in fact illusory. (Newman v. Dore, 275 N. Y. 371, 380, 381; Herrmann v. Jorgenson, 263 N. Y. 348, 355; Baird, v. Baird, 145 N. Y. 659, 663, 664; Chase National Bank v. Toner, 245 App. Div. 615, 618; 3 Williston on Contracts [Rev. ed.], § 647, p. 1867.) Motion to dismiss appeal on the ground that defendants have abandoned the same by service of an answer, renewed on the argument of the appeal, denied, without costs. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.

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We are of opinion that the plaintiff is entitled to adduce oral evidence in support of the allegations of the complaint that the conveyances by deeds, absolute in form, were in fact illusory. (Newman v. Dore, 275 N. Y. 371, 380, 381; Herrmann v. Jorgenson, 263 N. Y. 348, 355; Baird, v. Baird, 145 N. Y. 659, 663, 664; Chase National Bank v. Toner, 245 App. Div. 615, 618; 3 Williston on Contracts [Rev. ed.], § 647, p. 1867.) Motion to dismiss appeal on the ground that defendants have abandoned the same by service of an answer, renewed on the argument of the appeal, denied, without costs. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

265 A.D. 942, 38 N.Y.S.2d 583, 1942 N.Y. App. Div. LEXIS 6663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weeks-v-weeks-nyappdiv-1942.

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