Wellman v. Hart — 66 N.Y.S. 1147

Majority

p. 1147

WELLMAN, Respondent, v. HART, Appellant.

(City Court of New York,

General Term,

October 29, 1900.)

Headnote

Action by Francis L. Well-man against Frieda Hart. From a judgment for plaintiff, and from an order denying a motion for new trial, defendant appeals.

Affirmed.

Joseph Rosenzweig, for appellant, Wellman & Gooch, for respondent.

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 situation of interests, and we think the-written evidence of agreement expresses suffi

p. 1148

•cient consideration to keep it from operation •of the statute of frauds. Judgment and order .appealed from are affirmed, with costs.

FITZSIMONS, O. J., and CONLAN, J., ■concur.