Pinner v. Leder
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, sixth district, in favor of plaintiff, after trial by a judge without a jury.
1Opinion of the CourtBijur, J.
The parties hereto had entered into an oral agreement for a three-year partnership. Before the beginning of the term the defendant desired to withdraw from the contract and agreed to pay plaintiff $800 for plaintiff’s consent to defendant’s withdrawal. This action is to recover the balance of the $800, $200 having been paid on account.
Defendant, appellant, claims that there was no consideration for his promise to pay the amount sued for because of the familiar principle expressed in Carpenter v. Taylor, 164 N. Y. 171, 177, that “A promise by one party to do that which he is already under a…
2Cases cited9 opinions
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Carpenter v. . TaylorNew York Court of Appeals · 1900
- Porter v. . WormserNew York Court of Appeals · 1884
- Sanger v. . FrenchNew York Court of Appeals · 1898
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3Cited by5 opinions
- Backus Plywood Corporation v. Commercial Decal, Inc.District Court, S.D. New York · 1962
- McCall v. FramptonNew York Supreme Court · 1979
- Boxill v. BoxillNew York Supreme Court · 1952
- Kelley v. Champlain Studios, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- R & K Corp. v. Kenmont Hat Co.Appellate Division of the Supreme Court of the State of New York · 1956