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

Appellate Division of the Supreme Court of the State of New York·Decided December 7, 1942·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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).

Pincite

265 A.D. 942 (Weeks v. Weeks) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related