PERKINS v. MEYER


302 N.Y. 139 (1951)

Jessie S. Perkins, as Executrix of William A. Schenck, Deceased, Respondent, v. Joseph Meyer, Jr., et al., Appellants.

Court of Appeals of the State of New York.

Decided January 18, 1951


Attorney(s) appearing for the Case

I. Maurice Wormser, John M. Keating and Albert H. Brodkin for appellants.

E. F. W. Wildermuth, John S. McCook, Charles A. Roberts and Thomas G. Prioleau for respondent.

LOUGHRAN, Ch. J., DYE and FULD, JJ., concur with DESMOND, J.; CONWAY, J., dissents in opinion in which LEWIS and FROESSEL, JJ., concur.


DESMOND, J.

To settle this action (for fraudulent conspiracy) which had been brought, in 1939, by plaintiff's testator Schenck against defendants and was then pending untried, a written agreement was entered into in 1940, whereby defendants paid plaintiff's testator $20,000, and promised to pay him $180,000 more in installments. As security for those deferred payments, defendants agreed to, and did, transfer to...

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