Wakeman v. . Sherman
New York Court of Appeals
Appeal from a judgment of the supreme court affirming a judgment of the superior cburt of New-York. (See 11 Barb., 254.) This was an action of assumpsit, commenced February, 15, 1845, on two notes of Sherman dated December .11, 1834, for $626.31 each, payable at one and two years from date. Pleas, the general issue, the statute of limitations, and a discharge under the insolvent act.
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Appeal from a judgment of the supreme court affirming a judgment of the superior cburt of New-York. (See 11 Barb., 254.) This was an action of assumpsit, commenced February, 15, 1845, on two notes of Sherman dated December .11, 1834, for $626.31 each, payable at one and two years from date. Pleas, the general issue, the statute of limitations, and a discharge under the insolvent act. The plaintiff replied to each of the two latter pleas, a new promise on the 1st day of February, 1845.» The testimony given upon the trial with regard to the new promise of the defendant will be found in the…
1Concurrence
Whatever opinion may be entertained in regard to the other questions in this case, I think it is very clear that the court below erred in allowing the plaintiff to give in evidence the defendant's title to certain real estate. The plaintiff did not prove any promise of the defendant to pay when able to do so, and this evidence could only have been relevant under such a state of the case. (Tompkins v. Gardner Brown, 1 Denio, 247; 9Barr, Penn. R., 412, 413; 11 Wheat., 309; 6 B. C., 603.) The only evidence of a conditional promise is that of Talmadge, and the condition was not ability to pay,…
2Cases cited9 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Wetzell v. BussardSupreme Court of the United States · 1826
- Tompkins v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1845
- Soulden v. Van RensselaerNew York Supreme Court · 1832
- Watkins v. StevensNew York Supreme Court · 1848
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