Schemerhorn v. Vanderheyden
New York Supreme Court
FROM the return to the certiorari in this cause, it ap- , . , . r , . , . . „ peared that the present defendant m error, in the suit before the justice, declared against the plaintiff in error, on a promise made by the defendant below to one John C. Schemerhorn, to deliver a cherry desk of the value of twenty-five dollars to Catharine, Vanderheyden, wife of the plaintiff. No consideration was stated for the promise.
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FROM the return to the certiorari in this cause, it ap- , . , . r , . , . . „ peared that the present defendant m error, in the suit before the justice, declared against the plaintiff in error, on a promise made by the defendant below to one John C. Schemerhorn, to deliver a cherry desk of the value of twenty-five dollars to Catharine, Vanderheyden, wife of the plaintiff. No consideration was stated for the promise. The defendant pleaded non assumpsit, and gave notice of a set-off. The cause was . tried by a jury, and upon the trial, John C. Schemerhorn was sworn as a witness on the part of…
1Per curiam
As to the first objection, we are of opinion, that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action on such promise. This was the doctrine of the King’s Bench, in the case of Dutton and wife v. Pool* affirmed in error. ' The same principle has, since that time, been repeatedly sanctioned by the decisions of the English courts.†
But the second objection is well taken. The consideration for the assignment of the personal property of John C. Schemerhorn, is expressly stated in the deed of assignment itself, and the parties are…
2Cited by49 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Halsey v. ReedNew York Court of Chancery · 1842
- King v. WhitelyNew York Court of Chancery · 1843
- Eddy v. RobertsIllinois Supreme Court · 1856
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