Sears v. Brink
New York Supreme Court
THIS was an action of assumpsit. The first and se^ond counts were upon special agreements, and the third count for money paid, &c.
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THIS was an action of assumpsit. The first and se^ond counts were upon special agreements, and the third count for money paid, &c. The first count stated, that * on the 20th April, 1801; by certain articles of agreement, ma¿¡e between the plaintiff and one Peter Newkirk, the 1 3 plaintiff sold to the said Newkirk a lot of land,' being lot n0* 9, containing 120 acre's, lying on the Shawangunk Xill. ánd which by articles of agreement, had been sold J ° ’ by James Farquhar to Joel Lyon, and by Farquhar and Lyon to the plaintiff, for which Newkirk agreed to pay loó/, down, aiid the residue in…
1Opinion of the Court
Van Ness, J. .
delivered the opinion of .the court. The z . iirst count m the declaration which is a special, one, is that on which the plaintiff is to recover, if at all.
The consideration to support the defendants’ promise is averred to be, that Peter Newkirk agreed to assign or give up to the defendants, the contract for the lot of land mentioned in the case. This is a material averment and must be proved, or the plaintiff must fail.
It has been urged, that a promise in writing without a considération is valid, and the case of Pillans & Rose v. Van Mierop & Hopkins, has been relied upon to…
2Cited by21 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Farley v. ClevelandNew York Supreme Court · 1825
- Broadwell v. GetmanNew York Supreme Court · 1846
- Drake v. . SeamanNew York Court of Appeals · 1884
- Church v. . BrownNew York Court of Appeals · 1860
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