Porter v. Havens & Abbott
New York Supreme Court
THIS action was brought against Peter B. Havens, in his lifetime, and he having died, his executors were substituted in his place. The trial was had at the Rensselaer circuit, before Justice Gould, in February, 1860, and resulted in a verdict for the plaintiff. The cause came to the general term upon exceptions taken at the trial, and ordered to be heard in the first instance at the general term.
Read the full summary
THIS action was brought against Peter B. Havens, in his lifetime, and he having died, his executors were substituted in his place. The trial was had at the Rensselaer circuit, before Justice Gould, in February, 1860, and resulted in a verdict for the plaintiff. The cause came to the general term upon exceptions taken at the trial, and ordered to be heard in the first instance at the general term. The action was upon two promissory notes for $200 each, both dated May 10, 1855, and payable, one in one year and the other in two years from the date thereof, executed by the deceased defendant,…
1Opinion of the Court
By the Gourt,
Hogeboom, J.
The material inquiry is, whether the contract in question is upon its face unlawful. The suit is upon notes which were put into the hands of a third party, and not to be delivered nor take effect until the criminal prosecutions then pending against George F. Havens were discontinued and ended. And the payee was also not to arrest George F. Havens on any process whatever, but to cease all prosecutions against him. There was therefore an inducement and consideration to discontinue and terminate the criminal prosecutions, and plainly to accomplish this result the notes…
2Cases cited5 opinions
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
- Rose & Hawley v. TruaxNew York Supreme Court · 1855
- Moseley v. . MoseleyNew York Court of Appeals · 1857
- Bell v. . LeggettNew York Court of Appeals · 1852
- Daimouth v. BennettNew York Supreme Court · 1853
3Cited by5 opinions
- Conderman v. HicksNew York Supreme Court · 1870
- Nickelson v. . WilsonNew York Court of Appeals · 1875
- Bettinger v. BridenbeckerNew York Supreme Court · 1865
- Buffalo Press Club v. GreeneSuperior Court of Buffalo · 1893
- Nickelson v. WilsonNew York Supreme Court · 1874