Tolhurst v. . Powers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1891, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover a balance of an account originally due plaintiffs from one Clinton M. Ball for services in the construction and fitting of a dynamo and other electrical appliances, which it was claimed defendant had agreed to pay.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1891, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover a balance of an account originally due plaintiffs from one Clinton M. Ball for services in the construction and fitting of a dynamo and other electrical appliances, which it was claimed defendant had agreed to pay. The facts, so far as material, are stated in the opinion. The case at bar does not fall within the Statute of Frauds.…
1Opinion of the CourtFinch, J.
We agree with the prevailing opinion of the General Term that there was no consideration to support the promise of Powers to pay Ball’s debt to the plaintiffs. The latter originally constructed a dynamo for which Ball became indebted to them, and after all payments he remained so indebted when the machine was ready for delivery. The builders, of course, had a lien upon it for the unpaid balance, but waived and lost their lien by a delivery to Ball without payment. He, being then the owner and holding the title free from any incumbrance, sold the dynamo to Crane on a •contract apparently…
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- Hewitt v. NovakMontana Supreme Court · 1945
- Rose v. SchinasiAppellate Division of the Supreme Court of the State of New York · 1915
- Hargarten v. BerzAppellate Court of Illinois · 1906