Wellman v. Hart

City of New York Municipal Court

Wellman v. Hart

32 Misc. 775, 66 N.Y.S. 1147

DecidedOctober 15, 1900

StatusPublished

This text of 32 Misc. 775 (Wellman v. Hart) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wellman v. Hart, 32 Misc. 775, 66 N.Y.S. 1147 (N.Y. Super. Ct. 1900).

Pincite

Opinion

Hascall, J.

We think the court below properly disposed of the issue presented. It was not a question of what legal right plaintiff possessed to require a memorandum of security from the defendant, but what she voluntarily agreed to do. The record shows a complete understanding between the parties as to the [776]*776situation of interests, and we think the written evidence of agreement expresses sufficient consideration to keep it from operation of the Statute of Frauds.

Judgment and order appealed from are affirmed, with costs.

Fitzsimons, Ch. J., and Conlan, J., concur.

Judgment and order affirmed, with costs.

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Hascall, J.

We think the court below properly disposed of the issue presented. It was not a question of what legal right plaintiff possessed to require a memorandum of security from the defendant, but what she voluntarily agreed to do. The record shows a complete understanding between the parties as to the [776]*776situation of interests, and we think the written evidence of agreement expresses sufficient consideration to keep it from operation of the Statute of Frauds.

Judgment and order appealed from are affirmed, with costs.

Fitzsimons, Ch. J., and Conlan, J., concur.

Judgment and order affirmed, with costs.

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Bluebook (online)

32 Misc. 775, 66 N.Y.S. 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wellman-v-hart-nynyccityct-1900.