Nelson v. Dubois
New York Supreme Court
IN ERROR., to the court o^icommon pleas of Orange county. Nelson broughj his actibn in the court below against Dubois. The first count in the declaration was bn a promissory note, made by the defendant and one Benjamin Brundige, dated the 15th of November, 1811, whereby they, jointly and severally, promised to pay to the plaintiff, or bearer, 65 dollars, one year after date, -for value received.
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IN ERROR., to the court o^icommon pleas of Orange county. Nelson broughj his actibn in the court below against Dubois. The first count in the declaration was bn a promissory note, made by the defendant and one Benjamin Brundige, dated the 15th of November, 1811, whereby they, jointly and severally, promised to pay to the plaintiff, or bearer, 65 dollars, one year after date, -for value received. The second count stated, that whereas, in consideration that Nelson, at the special instance and request Of Dubois, would sell and deliver tb one Benjamin Brundige, On credit,, a certain horse, which…
1Opinion of the CourtSpencer, J.
Under the third count iri the declaration the evidence offered was admissible, Unless, indeed, the pi’omise is within the statute of frauds. A declaration may count, as on a promise by parol, and it may be supported by a promise in writing, if it comport with the, promise stated,.
Since the cases of Leonard v. Vredenburgh, (8 Johns. Rep. 29.,) and Bailey & Bogert v. Freeman, (11 Johns. Rep. 221.,) it cannot be questioned that there was a consideration for the defendant’s promise. The case, then, turns on this point, was . the promise within the statute of frauds ?
If what was said by me, in…
2Cases cited2 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
3Cited by30 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Moore v. . CrossNew York Court of Appeals · 1859
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Phillips v. PrestonSupreme Court of the United States · 1846
- Powell v. ThomasSupreme Court of Missouri · 1842
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