Perkins v. Proud
New York Supreme Court
THIS is an appeal from the decision of Justice Morgan, sustaining a demurrer to the plaintiff’s complaint, and directing judgment thereon for the defendant. . The first count of the complaint is founded upon a promise of the defendant to indemnify the plaintiff against loss by reason of delaying the sale of goods levied on by virtue of executions in his hands, as sheriffj against one Reuben J. Green.
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THIS is an appeal from the decision of Justice Morgan, sustaining a demurrer to the plaintiff’s complaint, and directing judgment thereon for the defendant. . The first count of the complaint is founded upon a promise of the defendant to indemnify the plaintiff against loss by reason of delaying the sale of goods levied on by virtue of executions in his hands, as sheriffj against one Reuben J. Green. The plaintiff alleged in the first count of his complaint, that he, as sheriff of Oswego county, had levied upon certain personal property of one Reuben J. Green, on executions, in the hands of…
1Opinion of the Court
By the Court,
Mullin, J.
There was no consideration shown for the agreement of the defendant. The allegation is, that the defendant agreed if the plaintiff would delay the sale pursuant to the levy, he, the defendant, *428would pay. It is not alleged by the plaintiff that he agreed to delay; it is only averred that at the defendant’s request, and on his promise, he did delay. There never was a moment of time, after the promise was given, that the plaintiff was bound to delay an hour. To make forbearance a valid consideration, there must be a binding agreement to forbear, either for a definite time,…
2Cases cited1 opinion
- Goodale v. HolridgeNew York Supreme Court · 1807
3Cited by4 opinions
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Walton Water Co. v. Village of WaltonAppellate Division of the Supreme Court of the State of New York · 1924
- In re MehrNew York Supreme Court · 1959
- Rositzke v. MeyerNew York Supreme Court · 1916