Woodcock v. Bennet
New York Supreme Court
Appeal from the Court of Chancery. The respondent# October, 1819, filed his bill, in the Court below, against the appellant, for the specific performance of articles of agreetnent, dated the 30Ih day of November, 1815, by which the appellant, for the consideration of $560, secured to be paid, Covenanted to release and quit claim to PhiúehUs Bennet$ Phinehas Bennet,jun. and the respondent, on or before the Is# December, 1816, the right, title and interest tifthe appellant; to…
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Appeal from the Court of Chancery. The respondent# October, 1819, filed his bill, in the Court below, against the appellant, for the specific performance of articles of agreetnent, dated the 30Ih day of November, 1815, by which the appellant, for the consideration of $560, secured to be paid, Covenanted to release and quit claim to PhiúehUs Bennet$ Phinehas Bennet,jun. and the respondent, on or before the Is# December, 1816, the right, title and interest tifthe appellant; to three undivided fourth parts of a parcel of land, lying in lot 94, at Ithica, ih the town of Ulysses, subject to…
1Opinion of the CourtWoodworth, J.
The first objection js, that the consideratio'n stated in the agreement, has not been paid. So far as respects the order drawn on Pelton, this is true. It is equally clear, as a general rule, that the instrument on which a party seeks relief in equity, will not be specifically enforced, unless it be supported by a valuable, or, at least, what equity calls a meritorious consideration. (1 Mad. 126. 4 John. Ch. 500.)
The appellant cannot, however, rest his defence on this ri 77 ground ; for having accepted a draft on Pelton, he was bound to use ordinary diligence, before any legal or just claim…
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