Nevius v. Nevius

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

Decided January 11, 1907

Appellate Division of the Supreme Court of the State of New York · decided 1907-01-11

Appeal by the plaintiff, John Foster Nevius, from a judgment of the Supreme Court in favor of the defendants,- entered in the office of the clerk of the county of New York on the 9 th day of May, 1906, upon the decision of the court, rendered after a trial at the New York Special Term* .dismissing the complaint on the opening of the case upon the ground that it fails to. state facts sufficient to constitute a cause of action.

Decided 1907-01-11

Houghton, J. (dissenting) :

¶1I-dissent on the ground that the complaint is good as to the persoñalty transferred, which might have been in trust without a writing, and hence can be established by parol evidence,

¶2Judgment affirmed, with costs. Order filed.