Watkins v. Halstead
The Superior Court of New York City
This was an appeal by the defendant from the marine court. The plaintiff’s complaint against the defendant was for $52 05 due him for goods, wares and merchandise, together with interest from May 27, 1846. The defendant answered, that at the time of the alleged sale and delivery of the goods, she was the wife of David P. Halstead, who was alone liable for the payment thereof.
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This was an appeal by the defendant from the marine court. The plaintiff’s complaint against the defendant was for $52 05 due him for goods, wares and merchandise, together with interest from May 27, 1846. The defendant answered, that at the time of the alleged sale and delivery of the goods, she was the wife of David P. Halstead, who was alone liable for the payment thereof. The plaintiff replied, that the defendant was not, at the time, living with David P. Halstead as his wife; and further, that she was divorced from her husband, by a decree of the court of chancery, on or about the 2d of…
1Opinion of the CourtBy the Court. Vanderpoel, J.
The question is, whether there is a sufficient consideration to support the promise upon which the suit is brought? Our first impressions were rather favorable to the action; but a reference to the authorities and principles upon which the notion of a moral consideration to support a promise rests, has satisfied us that the promise relied upon cannot be sustained.
It is not pretended that, independently of the express promise of the appellant after she obtained her decree of divorce, this action could be sustained. If, when the debt was contracted, when the goods were delivered, any person was…
2Cases cited1 opinion
- Smith v. WareNew York Supreme Court · 1816
3Cited by5 opinions
- Porterfield v. ButlerMississippi Supreme Court · 1872
- Kent v. RandSupreme Court of New Hampshire · 1886
- O'Hara v. RobinsonNew York Supreme Court · 1892
- Foster v. WilcoxSupreme Court of Rhode Island · 1873
- Lyell v. WalbachBaltimore City Superior Court · 1910