LOWE v. QUINN


27 N.Y.2d 397 (1971)

Edwin S. Lowe, Appellant, v. Jayne D. Quinn, Respondent.

Court of Appeals of the State of New York.

Decided January 14, 1971.


Attorney(s) appearing for the Case

Philip Gelfand for appellant.

Patrick M. Wall and Edward Bennett Williams for respondent.

Judges BURKE, BREITEL and GIBSON concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to reverse in a separate opinion in which Judges BERGAN and JASEN concur.


Chief Judge FULD.

The plaintiff, a married man, sues for the return of a diamond "engagement" ring which he gave the defendant in October of 1968 upon her promise to wed him when and if he became free; he had been living apart from his wife for several years and they contemplated a divorce. About a month after receiving the ring, the defendant told the plaintiff that she had "second thoughts" about the matter...

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