Bailey v. Freeman
New York Supreme Court
THIS was an action of assumpsit. The declaration was as follows: “ For that whereas before, and at the time °f making of the promise and undertaking and the agreements herein after mentioned, the said plaintiffs were joint dealers and partners in trade, under the firm of Bailen A. . J Bogert, to wit, at the city of New-York, and in the county of Nexu-York ; and whereas also, at and before the several times herein after mentioned, one Noel Blanche, being indebted to the…
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THIS was an action of assumpsit. The declaration was as follows: “ For that whereas before, and at the time °f making of the promise and undertaking and the agreements herein after mentioned, the said plaintiffs were joint dealers and partners in trade, under the firm of Bailen A. . J Bogert, to wit, at the city of New-York, and in the county of Nexu-York ; and whereas also, at and before the several times herein after mentioned, one Noel Blanche, being indebted to the plaintiffs in a large sum of money, to wit, the sum of 381 dollars and 25 cents, on a promissory note, bearing date the 28th…
1Per curiam
The fourth objection to the first count is fatal. It is essential in every action on a promise, to state a consideration. The defendant is, therefore, entitled to a *284judgment, but the plaintiffs may amend on payment of costs. In regard to the second count, though some doubts seem to be entertained by some of the bar as to its propriety, on the supposition that the plaintiff might be required to give proof of all the causes of action stated in the count, we think it sufficient, and that he would he entitled to recover, should he prove only one of the contracts. There are several precedents in…
2Cited by14 opinions
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- Pennsylvania Coal Company v. . BlakeNew York Court of Appeals · 1881
- Hall v. SouthmaydNew York Supreme Court · 1853
- Moore v. WaddleCalifornia Supreme Court · 1867
- Irwin v. BellTennessee Superior Court for Law and Equity · 1809
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