Comstock v. Smith
New York Supreme Court
THIS was an action of assumpsit. The declaration contained five counts: I Indebitatuts assumpsit, for 2,000 dollars, for a farm sold, &c. 2. Quantum valebat thereon; 3. Money had and received; 4. " For that whereas the defendant, on the 15th March, 1808, &c, in consideradon that the plaintiff had before that time sold and conveyed to the defendant a certain farm, &c. then and there undertook to pay," &c. 5. " For that whereas, em, &c. at, &c. the defendant promised and…
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THIS was an action of assumpsit. The declaration contained five counts: I Indebitatuts assumpsit, for 2,000 dollars, for a farm sold, &c. 2. Quantum valebat thereon; 3. Money had and received; 4. " For that whereas the defendant, on the 15th March, 1808, &c, in consideradon that the plaintiff had before that time sold and conveyed to the defendant a certain farm, &c. then and there undertook to pay," &c. 5. " For that whereas, em, &c. at, &c. the defendant promised and agreed, as part consideration for a certain farm, &c. which the plaintifF had before that time sold and conveyed to the…
1Per curiam
This is a motion in arrest of judgment. The fourth count states, that the defendant, “ in consideration that the plaintiff had there, before that time, sold and conveyed unto the before-named defendants a certain farm or lot of land, situate in the town of Adams, in the said county of Jefferson, the defendant then and there undertook,” &c. This is a promise grounded on a past consideration, and all the cases agree that it must be laid to have been done upon request of the party promising, or at least it must appear that the party promising was under a moral obligation to do the act himself,…
2Cases cited1 opinion
- Livingston v. RogersNew York Supreme Court · 1804
3Cited by11 opinions
- Ingraham v. GilbertNew York Supreme Court · 1855
- Bennett v. BennettAppellate Division of the Supreme Court of the State of New York · 1900
- Hale v. AndrusNew York Supreme Court · 1826
- Chaffee v. ThomasNew York Supreme Court · 1827
- Herrendeen v. WittNew York Supreme Court · 1888
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