Sandford v. Halsey
New York Supreme Court
On error from the supreme court. The plaintiff in error brought covenant in the supreme court upon-certain-articles of agreement in the following words : “ Whereas, Lewis H. Sandford, of Skaneateles, in the county of Onondaga, and state of New-Yofk, is seized in fee,-and possessed of, the several tracts, pieces and parcels of land, situate in the village of Oswego, and in the town of Oswego, in the county of Oswego, ’and state aforesaid, set forth and described in the…
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On error from the supreme court. The plaintiff in error brought covenant in the supreme court upon-certain-articles of agreement in the following words : “ Whereas, Lewis H. Sandford, of Skaneateles, in the county of Onondaga, and state of New-Yofk, is seized in fee,-and possessed of, the several tracts, pieces and parcels of land, situate in the village of Oswego, and in the town of Oswego, in the county of Oswego, ’and state aforesaid, set forth and described in the schedule hereunto annexed; the title to the whole of which land is now vested in the said Lewis, except as otherwise stated in…
1Opinion of the CourtNelson, C. J.
There can be no doubt but that, if it was competent for the defendant, by his acts-and declarations resting in. parol, so to alter and modify the agreement in question, as to make it a contract subsisting and valid between him and the plaintiff, or between the nineteen subscribers, including himself and the plaintiff, the evidence tendered at the trial went- full to this effect. For he has not only signed and delivered the instrument for the purposes therein declared, but has since, repeatedly, recognized and acknowledged its validity, with full knowledge of the deficiency in the subscription…
2Cases cited16 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Fleming v. GilbertNew York Supreme Court · 1808
- Sandford v. HandyNew York Supreme Court · 1840
- Blood v. GoodrichNew York Supreme Court · 1832
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Williams v. HealeyNew York Supreme Court · 1846
- Connecticut Mut. Life Ins. v. McWhirterCourt of Appeals for the Ninth Circuit · 1896
- Berry v. YatesNew York Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.