President of the Bank of Utica v. Smedes
New York Supreme Court
Error, from the Supreme Court. The cause was tried, in the Court below, at the Ontario circuit, in June, 1821, before (the late) Mr. Justice Yates ; the venue, which was originally laid in the county of New-York, having been changed by an order of the Court. The declaration, the only part of the proceedings questioned upon the writ of error, consisted, beside the money counts, of 3 special counts, the first of which was as follows : City and county of New-York, ss.
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Error, from the Supreme Court. The cause was tried, in the Court below, at the Ontario circuit, in June, 1821, before (the late) Mr. Justice Yates ; the venue, which was originally laid in the county of New-York, having been changed by an order of the Court. The declaration, the only part of the proceedings questioned upon the writ of error, consisted, beside the money counts, of 3 special counts, the first of which was as follows : City and county of New-York, ss. The President, fyc. of the Bank of Utica, were summoned to answer A. K. Smedes, &c. of a plea of trespass on the case, &c.; and…
1Opinion of the Court
The Chancellor.
The principal question raised in this cause, is one which was discussed before the supreme court, and was there determined. It is, whether any sufficient consideration for the promise stated in the third count, appears from the declaration, or not. Upon this question, I concur with the supreme court in their opinion, that this count is good, considered as a count for nonfeasance. The reasons of the supreme court, in support of this opinion, are *684just and conclusive. But the third count may also, I think, be as properly considered, a count for misfeasance. The truth of the…
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