Chaffee v. Thomas
New York Supreme Court
Assumpsit ; tried at the Jefferson circuit, July, 1827, before Williams, C. Judge. The plea was the general issue, and statute of frauds. At the trial, the plaintiff offered his attorney as a witness. He was objected to as interested. He stated on his voir dire, that the plaintiff resided in Connecticut; and that no security for costs had been filed agreeably- to the- rules of this court; but that he wasindemnified for the costs; and-considered that he had ample security.
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Assumpsit ; tried at the Jefferson circuit, July, 1827, before Williams, C. Judge. The plea was the general issue, and statute of frauds. At the trial, the plaintiff offered his attorney as a witness. He was objected to as interested. He stated on his voir dire, that the plaintiff resided in Connecticut; and that no security for costs had been filed agreeably- to the- rules of this court; but that he wasindemnified for the costs; and-considered that he had ample security. He was- then, admitted, and proved an instrument addressed, to Hooker, the plaintiff’s agent, in relation, to.the purchase…
1Opinion of the Court
Curia, per Woodworth, J.
The attorney for the plaintiff was fully secured; and his testimony, therefore, properly received.
The instrument in' question does contain the consideration of the promise; which was land sold to the Chaces. For this, as the consideration, the defendant- acknowledged himself holden to pay the 150 dollars. The objection, therefore, that the instrumement does not show a consideration upon its face, is not well taken, if that consideration be sufficient.
I think the action cannot be maintained upon this promise, however, which is in consideration of a mere past sale of…
2Cases cited7 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Bartholomew v. JacksonNew York Supreme Court · 1822
- Elting v. VanderlynNew York Supreme Court · 1809
- Livingston v. RogersNew York Supreme Court · 1804
- Comstock v. SmithNew York Supreme Court · 1810
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Granon v. HartshorneDistrict Court, S.D. New York · 1834
- Potter v. Inhabitants of WareMassachusetts Supreme Judicial Court · 1848
- Paine v. HusseySupreme Judicial Court of Maine · 1840