Cartledge v. West
New York Supreme Court
On error from the supreme court, where the defendants in error, as plaintiffs, recovered a judgment against the plaintiffs in error upon verdict. The defendants below moved the supreme court for a new trial upon a bill of exceptions, which was refused.
Read the full summary
On error from the supreme court, where the defendants in error, as plaintiffs, recovered a judgment against the plaintiffs in error upon verdict. The defendants below moved the supreme court for a new trial upon a bill of exceptions, which was refused. For a report of the case and the opinion of the supreme court, see 5 Hill, 488. As the decision in this court turned Upon a different question from that determined in the supreme court, it is necessary to state that the assignment by Gaylor to the defendants mentioned in the report in Hill, was a conveyance in trust for the payment of the debts…
1Opinion of the Court
Gardiner, President.
The circuit judge charged the jury, in substance, that if they were satisfied that when Mumford presented the account, one of. the defendants stated that he would pay it as soon as the assignees got funds to pay it, it would entitle the plaintiffs to recover as upon an account stated. It was urged upon the argument here, that the stating of the account was a new consideration from which the law would imply a promise. Should this be admitted, it by no means follows that a promise will be implied different in its character from that actually made in express terms. If the…
2Cited by3 opinions
- Lighton v. . City of SyracuseNew York Court of Appeals · 1907
- Hulbert v. Felber Engineering WorksNew York Supreme Court · 1912
- Hulbert v. Felber Engineering WorksAppellate Terms of the Supreme Court of New York · 1912