Cady v. . Allen
New York Court of Appeals
Appeal from the Supreme Court. The action was tried before a referee who, in his finding of facts, stated that the defendants executed and delivered to one Van Bushirk (who had assigned his cause of action to the plaintiffs) an agreement in writing, in these words: “We do agree, for value received, to pay all claims against the house and lot that you bought of E. E. Lewis,” &c. The rest is immaterial, to the only question discussed in this court.
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Appeal from the Supreme Court. The action was tried before a referee who, in his finding of facts, stated that the defendants executed and delivered to one Van Bushirk (who had assigned his cause of action to the plaintiffs) an agreement in writing, in these words: “We do agree, for value received, to pay all claims against the house and lot that you bought of E. E. Lewis,” &c. The rest is immaterial, to the only question discussed in this court. There was no further statement in the agreement, in respect to its consideration, and no other fact relating to the consideration was found by the…
1Opinion of the CourtGray, J.
After stating the absence of any finding of the facts in respect to the consideration of the defendants’ promise by the referee, except the acknowledgment of value received contained in the written agreement itself, he reviewed the evidence set forth in the Case and Exceptions, and arrived at the conclusion that it had been misconstrued by the Supreme Court, and that it was established by clear proof that, as matter of fact, there was no consideration to support the defendants’ promise.
The learned judge then proceeded as follows :
This conclusion, however, that the agreement is supported by no…
2Cited by6 opinions
- Lewis v. . MottNew York Court of Appeals · 1867
- Bidwell v. MadisonSupreme Court of Minnesota · 1865
- Kaufman v. GordonNew York Supreme Court · 1960
- Abate v. Bushwigk Savings BankCity of New York Municipal Court · 1955
- Bentley v. SmithNew York Court of Appeals · 1866
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