Burt v. Horner
New York Supreme Court
This was a motion by the defendants to set aside the report of a referee. The defendants were parties doing business at Williamsville in Erie county, and the plaintiff a merchant doing business in Buffalo. The defendants were the holders of a promissory note payable to them or bearer, one year after date, for $358,61, made by Benjamin Troule, and dated “ Bertie, Feb. 17, 1845.” The note was not, by its terms, payable at any particular place.
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This was a motion by the defendants to set aside the report of a referee. The defendants were parties doing business at Williamsville in Erie county, and the plaintiff a merchant doing business in Buffalo. The defendants were the holders of a promissory note payable to them or bearer, one year after date, for $358,61, made by Benjamin Troule, and dated “ Bertie, Feb. 17, 1845.” The note was not, by its terms, payable at any particular place. On the 19th of Sept. 1845, an agreement was made by the parties to this suit, by which the defendants were to purchase of the plaintiff merchandise to…
1Opinion of the Court
By the Court, Sill, J.
1. The objection that the defendants’ undertaking was within the statute of frauds is disposed of by the case of Johnson v. Gilbert, (4 Hill, 178.) The same case, by necessary implication, shows that the objection to the parol testimony, disclosing the character of the transaction, between the defendants and the plaintiff, is also untenable. A written promise, not in conflict with any law, may be upheld when there is a good consideration for it, although it does not appear in the writing itself. It may, in such cases, and this is one, be supported by parol evidence of a…
2Cases cited5 opinions
- Cumpston v. McNairNew York Supreme Court · 1828
- Moakley v. RiggsNew York Supreme Court · 1821
- Allen v. CrofootNew York Supreme Court · 1830
- Anderson v. DrakeNew York Supreme Court · 1817
- White v. CaseNew York Supreme Court · 1835
3Cited by12 opinions
- Dyer v. GibsonWisconsin Supreme Court · 1863
- Hart v. HudsonThe Superior Court of New York City · 1857
- Newell v. FowlerNew York Supreme Court · 1857
- Wakeman v. GowdyThe Superior Court of New York City · 1863
- Cady v. SheldonNew York Supreme Court · 1862
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