Andrews v. Pontue
New York Supreme Court
Error from the New-York 0. P. Andrews sued Pontue in the court below, in assumpsit on the following instrument: “ I, Paul Pontue, having leased from Samuel Andrews a certain piece of ground in Second street, between Avenue D. and C.; and it being in contemplation to open Sheriff street, from Houston to Second street, I do hereby agree and bind myself to pay to the said Samuel Andrews the sum of one hundred dollars whenever and as soon as the said street shall be opened.
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Error from the New-York 0. P. Andrews sued Pontue in the court below, in assumpsit on the following instrument: “ I, Paul Pontue, having leased from Samuel Andrews a certain piece of ground in Second street, between Avenue D. and C.; and it being in contemplation to open Sheriff street, from Houston to Second street, I do hereby agree and bind myself to pay to the said Samuel Andrews the sum of one hundred dollars whenever and as soon as the said street shall be opened. New-York, May 7,1835.” The declaration recited the lease and set forth, as the *consideration of the [* 286 ] agreement, the…
1Opinion of the Court
By the Court,
Cowen, J.
The plaintiff was nonsuited upon the abstract ground that the agreement in evidence was without consideration either appearing on its face, or made out by Valentine’s evidence; and not because there was any variance between the consideration, as set forth in the declaration, and that relied upon at the trial. This relieves the case from any question upon the pleadings, and raises the single one, whether a sufficient consideration was made out at the trial or is inferable from the evidence.
First, it may be conceded that the naked circumstance of the plaintiff having some…
2Cases cited2 opinions
- Barber v. WinslowNew York Supreme Court · 1834
- Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
3Cited by6 opinions
- Schneider v. TurnerIllinois Supreme Court · 1889
- Brackett v. . BarneyNew York Court of Appeals · 1863
- Schneider v. TurnerAppellate Court of Illinois · 1888
- McIlhargy v. . ChambersNew York Court of Appeals · 1889
- Wilder v. ButterfieldNew York Supreme Court · 1875
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