Macedon & Bristol Plank Road Co. v. Snediker
New York Supreme Court
This action was brought against the defendant to recover the sum of $300 and interest upon an instrument in writing, in the following words: “ Provided the Macedón and Victor plank road crosses at Brownsville and passes through by Conover’s, we agree to take stock to the amount set opposite our several names.”
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This action was brought against the defendant to recover the sum of $300 and interest upon an instrument in writing, in the following words: “ Provided the Macedón and Victor plank road crosses at Brownsville and passes through by Conover’s, we agree to take stock to the amount set opposite our several names.” This paper was signed by a number of persons, with various amounts carried out opposite their names respectively, among which was the name of the defendant with the amount $300 carried out opposite his name. Upon the trial, at the Ontario circuit in February, 1853, the plaintiffs proved…
1Opinion of the Court
By the Court, Welles, J.
The agreement of the defendant, upon which the plaintiffs rely, created no liability on the part of the former, for the reason that, at the time it was made, there was no consideration to support it. It was nothing more than a proposition on the part of the defendant and others to take certain amounts of stock, provided the road should cross at Brownsville, and pass through by Conover’s. At the time this paper was executed by the defendant, there was no valuable consideration given by the company, and no agreement entered into by them, as a consideration for the…
2Cases cited2 opinions
- Utica & Schenectady Railroad v. BrinckerhoffNew York Supreme Court · 1839
- Burnet v. BiscoNew York Supreme Court · 1809
3Cited by6 opinions
- Coe v. . ToughNew York Court of Appeals · 1889
- Land Grant Railway & Trust Co. v. Board of CommissionersSupreme Court of Kansas · 1870
- Mason v. TerrellCourt of Appeals of Georgia · 1908
- Board of Commissioners v. Louisville, New Albany, & St. Louis Air Line Railway Co.Indiana Supreme Court · 1872
- Dix v. ShaverNew York Supreme Court · 1878
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