111 N.Y.S. 650 | N.Y. App. Term. | 1908
This action is brought to recover $100 upon a promissory note made and delivered to Albert Leib and assigned by the latter to the plaintiff. The answer alleges that the note was given for an illegal consideration and that the note was void as being contrary to public policy. The trial court dismissed, the complaint, and from the judgment entered upon this dismissal the plaintiff appeals to this court. The facts of the case are undisputed. Prior to the marriage of the defendant’s daughter to Albert Leib, the defendant promised to pay Leib $2,000 upon considerátion that Leib should marry his daughter. Leib and the defendant’s daughter were married, and the defendant paid Leib $1,900
The cases upon which the respondent relies, and upon which the learned trial court erroneously acted in this case, relate to marriage brokerage contracts. Such contracts are, of course, invalid and have frequently been so declared. Duval v. Wellman, 124 N. Y. 156; 9 Cyc. 518. The contract made in the present case is of an entirely different character.
Gildebsleeve and MacLean, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.