Hard v. Seeley
New York Supreme Court
DEMURRER to complaint. The complaint alleged that on or about the 18th day of February, 1859, one Homer Anderson made and entered into an agreement with the defendant, in the words and figures following, to wit: “ Memorandum of an agreement made and entered into this 18th day of February, 1859, between Homer Anderson, of Hew Lisbon, county of Otsego, state of Hew York, of the first. part, and Silas S. Seeley, of Morris, county and state aforesaid, of the second part,…
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DEMURRER to complaint. The complaint alleged that on or about the 18th day of February, 1859, one Homer Anderson made and entered into an agreement with the defendant, in the words and figures following, to wit: “ Memorandum of an agreement made and entered into this 18th day of February, 1859, between Homer Anderson, of Hew Lisbon, county of Otsego, state of Hew York, of the first. part, and Silas S. Seeley, of Morris, county and state aforesaid, of the second part, witnesseth: That the said party of the first part, in consideration of the covenants and agreements hereinafter mentioned, to…
1Opinion of the Court
By the Court, Parker, P. J.
It seems to. me that the covenant of the defendant to pay, (the breach of which is the ground of this action,) is not dependent upon the fulfillment, by the plaintiff’s assignor, of the covenants to be performed on his part, but that the covenants of the parties are mutual and independent. The consideration of the defendant’s promise to pay, is : 1st. The sale and transfer to him of the .art and mystery of compounding and manufacturing the article of medicine known by the name of “ Dermador,” and the .sole and exclusive right to make, use and vend the same. ?d. The…
2Cases cited2 opinions
- Jarvis v. PeckNew York Court of Chancery · 1843
- Alcock v. GibertonThe Superior Court of New York City · 1855
3Cited by6 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- People v. KlawNew York Court of General Session of the Peace · 1907
- Mall v. SloanAppellate Division of the Supreme Court of the State of New York · 1939
- Jennings v. JonesNew York Surrogate's Court · 1876
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