Trustees of Hamilton College v. . Stewart
New York Court of Appeals
This case was before the late court of errors, and is reported in 2 Denio, 403. After the decision of that court as there reported, the plaintiffs again brought the cause to trial at the Oneida circuit, before Gridley, Cir. Judge, in September, 1840, and by consent the facts were read to the jury from the error book upon which the cause had been argued in the court of errors.
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This case was before the late court of errors, and is reported in 2 Denio, 403. After the decision of that court as there reported, the plaintiffs again brought the cause to trial at the Oneida circuit, before Gridley, Cir. Judge, in September, 1840, and by consent the facts were read to the jury from the error book upon which the cause had been argued in the court of errors. There was some additional testimony not material to the question on which the case was decided in this court. The circuit judge nonsuited the plaintiffs, and his decision was affirmed by the supreme court. The plaintiffs…
1Opinion of the CourtGardiner, J.
The conclusive objection to the maintenance of this action is the want of consideration for the undertaking of the defendant. This is not a case of mutual promises where the undertaking of one party is the consideration for. the promise of the other. (Livingston v. Rogers, 1 Caines’ Rep. 534; Chit. Pl. 296.) This was so adjudged by the supreme court when the case was before them upon demurrer to the declaration. As I read the agreement, there is no engagement whatever upon the part of the plaintiffs, or any other person, to do or forbear to do any thing as a consideration for the promise of…
2Cases cited1 opinion
- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
3Cited by24 opinions
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Presb. Church of Albany v. . CooperNew York Court of Appeals · 1889
- Keuka College v. . RayNew York Court of Appeals · 1901
- Nebraska Wesleyan University v. Estate of GriswoldNebraska Supreme Court · 1925
- Lathrop v. KnappWisconsin Supreme Court · 1870
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