Moore v. Fox
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Vox , , . „ brought an action of assumpsit against Moore before the justice d declared that the defendant Moore was indebted to him for minister, for two years, to the amount-of 4 dollars, which Moore promised to pay at the rate of two dollars a year, The defendant pleaded non assumpsit, with notice that the church, which the plaintiff below was minister, was incorporated, and ^ad trustees appointed pursuant to the statute for…
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IN ERROR, on certiorari, from a justice’s court. Vox , , . „ brought an action of assumpsit against Moore before the justice d declared that the defendant Moore was indebted to him for minister, for two years, to the amount-of 4 dollars, which Moore promised to pay at the rate of two dollars a year, The defendant pleaded non assumpsit, with notice that the church, which the plaintiff below was minister, was incorporated, and ^ad trustees appointed pursuant to the statute for the incorporation of religious societies. There was a trial by jury. The plaintiff proved by P. L. that the defendant…
1Per curiam
The promise ivas valid, and not within the statute of frauds, for it does not appear but that it was to be performed within a jrear. It was to be performed according and in proportion to the service rendered, and the render of service was to commence immediately; and as the defendant had for several years paid half yearly, the jury had a right to presume that the promise was to pay half yearly. To bring the case within the statute of frauds, there must be an express and specific agreement not to be performed within the space of a year; and if the thing may be performed within the year, it is…
2Cited by21 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Blake v. . VoigtNew York Court of Appeals · 1892
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Dresser v. DresserNew York Supreme Court · 1862
- Lower v. WintersNew York Supreme Court · 1827
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