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Tyler v. Windels

Louis A. Tyler, Appellant, v. John H. Windels, Respondent

Tyler v. Windels, 125 N.E. 925 (N.Y. 1919)
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Court
New York Court of Appeals · State Highest Courts
Decided
October 14, 1919
Citations
125 N.E. 925227 N.Y. 5891919 N.Y. LEXIS 744
Summary
Appeal from a judgment entered March 12, 1919, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendant for judgment on the pleadings, granted said motion and directed a dismissal of the complaint. The action was on contract. The answer as a separate defense plead the Statute of Frauds, in that the contract was not by its terms to be performed within one year from the making thereof, and that there was no note or memorandum in writing subscribed by the defendant. By way of reply plaintiff alleged full performance of the contract except in so far as defendant had refused to pay a balance alleged to be due. The Appellate Division held that part performance did not render the contract enforceable.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ.

How later courts describe this case

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

Cited by 28 cases

View all citing references →
1924: 11927: 11928: 11930: 11932: 11938: 11941: 11942: 11945: 11947: 11950: 11956: 11958: 11966: 11967: 11971: 11978: 31982: 11984: 11985: 11987: 11998: 11999: 22007: 12013: 119242026peak 1978 · 3

Relies on it most ⓘ

  1. Sophie v. Ford230 A.D. 568 (1930)
  2. Cron v. Hargro Fabrics, Inc.694 N.E.2d 56 (N.Y. 1998)
  3. Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group Plc711 N.E.2d 953 (N.Y. 1999)
  4. John William Costello Associates, Inc. v. Standard Metals Corp.99 A.D.2d 227 (1984) · Dissent
  5. Bayreuther v. Reinisch264 A.D. 138 (1942)
  6. Town of Poughkeepsie v. Espie41 A.D.3d 701 (2007)

Most recent

  1. Gural v. Drasner114 A.D.3d 25 (2013)
  2. Town of Poughkeepsie v. Espie41 A.D.3d 701 (2007)
  3. Abrams v. Unity Mutual Life Insurance70 F. Supp. 2d 846 (N.D. Ill. 1999)
  4. Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group Plc711 N.E.2d 953 (N.Y. 1999)
  5. Cron v. Hargro Fabrics, Inc.694 N.E.2d 56 (N.Y. 1998)
  6. Halpern v. Shafran131 A.D.2d 434 (1987)

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

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