Stymets v. Brook
New York Supreme Court
This was an action of assumpsit, tried at the Orange circuit in September, 1831, before the Hon. Charles H. Rugóles, one of the circuit judges.
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This was an action of assumpsit, tried at the Orange circuit in September, 1831, before the Hon. Charles H. Rugóles, one of the circuit judges. The instrument declared on is in these words: “ This is to certify that I have this day received from Peter Stymets and others the deed of lots No. 54 and 72, containing 500 acres, situated in Chenango county, as described in the said deed, in favor of Jonathan Brooks, the lot No. 72 containing 260 acres; the agreement is, that Peter Stymets and the others are to receive one dollar per acre, viz. sixty dollars when the said Brooks gets possession, the…
1Opinion of the Court
By the Court,
Nelson, J.
It was said on the argument, that the promise of the defendant upon which this suit is brought was bad under the statute of frauds, on the ground that it was a collateral undertaking for Jonathan Brooks, and there was no consideration in the note or memorandum produced and relied on. The objection was not made at the trial, which is probably a sufficient answer, but we are satisfied if it had been, it could not be sustained. The delivery of the deed to the defendant by the plaintiffs, which is stated in the written memorandum, constitutes a good consideration for his…
2Cases cited2 opinions
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3Cited by12 opinions
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