Forgotston v. Cragin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Irving F. Cragin, from a judgment of the Supreme Court in favor of the plaintiffs^ entered in the office of the clerk of the county of Few York on the 23d day of February, 1900, upon the verdict of a jury rendered by direction of the court upon the pleadings, and without the introduction of any evidence.
Read the full summary
Appeal by the defendant, Irving F. Cragin, from a judgment of the Supreme Court in favor of the plaintiffs^ entered in the office of the clerk of the county of Few York on the 23d day of February, 1900, upon the verdict of a jury rendered by direction of the court upon the pleadings, and without the introduction of any evidence. The action is brought by the plaintiffs,. composing the firm of J. S. Forgotston & Co., to recover the sum of $775 on a contract of which the following is a copy: “ Whereas, A certain agreement was entered into between the Silver Metal Company and J. S'. Forgotston &…
1Opinion of the Court
Laughxikt, J.:
Three considerations might be inferred from the complaint for the execution of the contract therein set forth: (1) .One dollar; (2) the transfer of plaintiffs’ right, title and interest in the merchandise and proceeds, and (3) that implied from the seal. The seal and nominal consideration expressed merely raise a presumption and casts the bur*247■den upon the defendant of showing want of consideration. If the consideration were a compromise of a disputed claim with reference to the title of the property, that would he a good consideration, but the allegations of this pleading are…
2Cases cited7 opinions
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Seaman v. SeamanNew York Supreme Court · 1834
- Flandrow v. . HammondNew York Court of Appeals · 1895
- Bordwell v. . CollieNew York Court of Appeals · 1871
- Fuller v. ArtmanNew York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cochran v. TaylorNew York Supreme Court · 1935
- Reynolds v. SteinAppellate Terms of the Supreme Court of New York · 1909