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Monahan v. McElligott

Patrick Monahan and Nora C. Monahan, Complainants-Respondents, v. Gerald A. McElligott and Ellen McElligott, Defendants-Appellants

Monahan v. McElligott, 44 A.2d 30 (N.J. 1945)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
September 27, 1945
Judges
PER CURIAM.
Citations
44 A.2d 30137 N.J. Eq. 1761945 N.J. LEXIS 421

Opinion of the Court — Per Curiam

*177 Per Curiam.

This is a purchasers’ suit for specific performance of a contract to convey real estate. The defense in substance was that there was not a completed contract (1) because the husband’s signature was affixed to the paper by his wife; and (2)

that a formal contract was contemplated but never executed.

The Vice-Chancellor held in substance that the paper relied on was legally sufficient in form, and that the wife’s signature for the husband was binding, although authorized by him only by parol.

Our examination of the case and briefs (there was no oral argument) leads to a concurrence in that decision, both as to matters of law and fact, and the decree under review will accordingly be affirmed.

For affirmance — The Chief-Justice, Parker, Case, Bodine, Donges, Hehbr, Perskie, Colie, Oliphant, Wells, Eafferty, Dill, Freund, McGeehan, JJ. 14.

For reversal — None.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1946: 31947: 11949: 11951: 11954: 11957: 119462026peak 1946 · 3

Relies on it most ⓘ

  1. Stamato v. Agamie131 A.2d 745 (N.J. 1957)
  2. McEnaney v. Spedick80 A.2d 237 (N.J. Super. Ct. App. Div. 1951)
  3. Burlew v. Hepps69 A.2d 579 (N.J. Super. Ct. App. Div. 1949)
  4. Winter v. Toldt108 A.2d 648 (N.J. Super. Ct. App. Div. 1954)
  5. Zuendt v. A. Eisenstein, Inc.51 A.2d 898 (N.J. Ct. of Ch. 1947)
  6. Burlew v. Hepps48 A.2d 278 (N.J. Ct. of Ch. 1946)

Most recent

  1. Stamato v. Agamie131 A.2d 745 (N.J. 1957)
  2. Winter v. Toldt108 A.2d 648 (N.J. Super. Ct. App. Div. 1954)
  3. McEnaney v. Spedick80 A.2d 237 (N.J. Super. Ct. App. Div. 1951)
  4. Burlew v. Hepps69 A.2d 579 (N.J. Super. Ct. App. Div. 1949)
  5. Zuendt v. A. Eisenstein, Inc.51 A.2d 898 (N.J. Ct. of Ch. 1947)
  6. National Home Builders, Inc. v. Stokem50 A.2d 396 (N.J. Ct. of Ch. 1946)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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