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32 Misc. 775

Wellman v. Hart

City of New York Municipal Court

Decided October 15, 1900

City of New York Municipal Court · decided 1900-10-15

<p>Appeal from a judgment of the City Court of the city of New York, entered on verdict and order denying new trial on the minutes.</p>

Decided 1900-10-15

Hascall, J.

¶1We 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 *776situation of interests, and we think the written evidence of agreement expresses sufficient consideration to keep it from operation of the Statute of Frauds.

¶2Judgment and order appealed from are affirmed, with costs.

¶3Fitzsimons, Ch. J., and Conlan, J., concur.

¶4Judgment and order affirmed, with costs.

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