Duncan v. Blair
New York Supreme Court
.Assumpsit, tried at the Orleans circuit, in October, 1844, before Dayton, Cir. J. On the trial, it appeared that the defendant Blair and Com-stock, whom he has survived, were the trustees of one' Greene, under an assignment executed by the latter for the benefit of his creditors, in September, 1839. Among the assigned property, there was a piece of land of about forty-seven acres, which was subject to two mortgages, one of which was held by the Exchange Bank of Genesee, in…
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.Assumpsit, tried at the Orleans circuit, in October, 1844, before Dayton, Cir. J. On the trial, it appeared that the defendant Blair and Com-stock, whom he has survived, were the trustees of one' Greene, under an assignment executed by the latter for the benefit of his creditors, in September, 1839. Among the assigned property, there was a piece of land of about forty-seven acres, which was subject to two mortgages, one of which was held by the Exchange Bank of Genesee, in respect to which a defence was supposed to exist. The plaintiff was a creditor of Greene, for about fifteen hundred…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
Granting that such a contract, as is alleged on the part of the plaintiff, was made by him with the defendant and Comstock, still this action cannot be sustained. It was a contract for the sale and conveyance of land to the plaintiff on terms agreed to by him, the sellers on their part agreeing to pay off and discharge the incumbrances on said land. The contract was entire; it is counted upon as such, and if any contract was established by the evidence it was of that character. Being a mere verbal contract *198for the sale of land, the statute makes it void. (2 R.…
2Cited by5 opinions
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