Collier v. Coates
New York Supreme Court
This was an appeal from a judgment of the Steuben county court. The action was commenced before a justice of the peace, to recover back the sum of $>65 which had been paid by the plaintiff upon a parol contract for the sale of a farm by the defendant to the plaintiff. The complaint was for money lent, and money paid.
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This was an appeal from a judgment of the Steuben county court. The action was commenced before a justice of the peace, to recover back the sum of $>65 which had been paid by the plaintiff upon a parol contract for the sale of a farm by the defendant to the plaintiff. The complaint was for money lent, and money paid. The defendant denied the allegations in the complaint, and stated that if he had received any money from the plaintiff it was upon the condition that the defendant would enter into a written agreement with the plaintiff, at a future day, which the defendant alleged he was, and at…
1Opinion of the Court
By the Court, Johnson, J.
I regard the rule as well settled' in this country, at least, that where a person has paid money upon a parol contract for the purchase of lands, which is void by the statute of frauds, he cannot maintain an action to recover back the money so paid, so long as the other party to whom the money has been paid is willing to perform on his part.
The doctrine has been twice distinctly declared in our own court, where the question was directly before it. (Abbott v. Draper, 4 Denio, 51. Dowdle v. Camp, 12 John. 451.) The same question has been decided in the same way…
2Cases cited7 opinions
- Abbott v. DraperNew York Supreme Court · 1847
- Shaw v. ShawSupreme Court of Vermont · 1834
- Rice v. PeetNew York Supreme Court · 1818
- Dowdle v. CampNew York Supreme Court · 1815
- Duncan v. Baird & Co.Court of Appeals of Kentucky · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Harris v. . FrinkNew York Court of Appeals · 1872
- Keystone Hardware Corp. v. TagueNew York Court of Appeals · 1927
- 300 West End Avenue Corp. v. WarnerNew York Court of Appeals · 1929
- Galvin v. . PrenticeNew York Court of Appeals · 1871
14 more not listed; retrieve them via the Exa API.