Livingston v. Rogers
New York Supreme Court
This cause came before the court on three several motions, which the counsel upon the argument agreed [*584] should *be taken, and considered together. The 1st was a motion by the defendant in arrest of judgment. The 2d one by the defendant also, for a new trial on the ground of a discovery of evidence. The 3d by the plaintiff, for leave to amend his declaration, by increasing the damages laid, so as to cover the extent of his demand.
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This cause came before the court on three several motions, which the counsel upon the argument agreed [*584] should *be taken, and considered together. The 1st was a motion by the defendant in arrest of judgment. The 2d one by the defendant also, for a new trial on the ground of a discovery of evidence. The 3d by the plaintiff, for leave to amend his declaration, by increasing the damages laid, so as to cover the extent of his demand. The decision of the court was confined to only the first and third motions; and, as it embraces all the points relied on by the counsel, it is unnecessary to…
1Opinion of the CourtKent, J.
This is a case of mutual promises, where -the one is intended to be the consideration for the other. It is a well settled rule, that in such cases, the promises must be' stated to have been made at the same time. Esp. Dig. 132. Bull. N. P. 146, 147. Hob. 88. 1 Bac. Abr. 267, (n.) in mar. new-edition. Kirby v. Cole, Cro. Eliz. 137. Otherwise, the-one antecedently made will be without consideration, and conseqenti'y, not sufficient to support the other. The question here is, whether a valid promise is laid, on the part of the plaintiff, so as to form a consideration for that on the part of the…
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