Whitaker v. Cone
New York Supreme Court
This was an action of assumpsit. The plaintiff declared on two promissory notes made by the defendant to him, for 135 dollars and 61 cents each, dated the 9th February, 1796, one payable in cattle, and the other in money, the 1st September, 1798. The declaration also contained the money counts. The defendant pleaded non assumpsit to the 2d, 3d and 4th counts, and as to 135 dollars and 61 cents, in the first count, that he did not assume, &c. and payment as to the residue.
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This was an action of assumpsit. The plaintiff declared on two promissory notes made by the defendant to him, for 135 dollars and 61 cents each, dated the 9th February, 1796, one payable in cattle, and the other in money, the 1st September, 1798. The declaration also contained the money counts. The defendant pleaded non assumpsit to the 2d, 3d and 4th counts, and as to 135 dollars and 61 cents, in the first count, that he did not assume, &c. and payment as to the residue. A notice was subjoined to the plea, according to the statute, that the notes in question were given without consideration,…
1Per curiam
This case comes within the principle laid down in the case of Woodworth v. Dole and others, decided in the court for the correction of errors, in March last.(a) Buying and selling of lands out of the possession of the vendor, and held adversely at the time, is buying and selling a pretended title, and is not a valid consideration fora promise. It is a species of maintenance, and void on general principles of law and public policy. A sale by one state, of lands within the jurisdiction and under the adverse claim of am other state, must be judged by the same principles of law, as a sale by an…
2Cases cited21 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
16 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Howell ex rel. Jones v. FountainSupreme Court of Georgia · 1847
- Martin v. PaceIndiana Supreme Court · 1841
- Robinson v. PattersonMichigan Supreme Court · 1888
- State ex rel. Lewis v. DennisSupreme Court of Kansas · 1888