M'Lees v. Hale & Bowen
New York Supreme Court
This was an action of assumpsit, tried at the Saratoga circuit in June, 1831, before the Hon. Esek Cowen, one of the circuit judges.
Read the full summary
This was an action of assumpsit, tried at the Saratoga circuit in June, 1831, before the Hon. Esek Cowen, one of the circuit judges. The suit was brought for the maintenance of a bastard child, under a contract made in 1825, by the then overseers of the poor of Greenfield, with the plaintiff In 1825, Hale, one of the present defendants, and a Mr. Child, were the overseers of the poor of Greenfield; in May or June of that year, Hale made an agreement with the plaintiff that the latter should support the child until it should be 5 or 6 years old, or as long as the child should be chargeable to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
By the statute of frauds, 1 R. L. 78, § 11, no action shall be brought upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement shall be in writing. In Fenton v. Emblers, 3 Burr. 1281, the construction of the statute of 29 Ch. 2, ch. 3, § 4, which is like ours, was decided to be, that an agreement void by the statute is *428such an one as, by the express appointment of the parties, the thing is not to be performed within a year ; that it does not embrace cases where the thing only may be performed within…
2Cases cited2 opinions
- Elliott v. RossellNew York Supreme Court · 1813
- Palmer v. VandenberghNew York Supreme Court · 1829
3Cited by14 opinions
- Blake v. . VoigtNew York Court of Appeals · 1892
- Kent v. . KentNew York Court of Appeals · 1875
- Casper Nationak Bank v. CurryWyoming Supreme Court · 1937
- Russell v. SladeSupreme Court of Connecticut · 1838
- Blair Town Lot & Land Co. v. WalkerSupreme Court of Iowa · 1874
9 more not listed; retrieve them via the Exa API.