Rector, Etc. v. . Teed
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9, 1887, which reversed a judgment in favor of defendant entered upon the decision of the court on trial at Special Term, and granted a new trial.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9, 1887, which reversed a judgment in favor of defendant entered upon the decision of the court on trial at Special Term, and granted a new trial. This was an action on a written instrument whereby the defendant promised to pay to the plaintiff, a religious corporation, the sum of $500. The answer alleged that the promise to pay, contained therein, was made without any consideration, good, valuable or otherwise, and that it is of no force or effect. Upon-the trial, it…
1Opinion of the CourtVanit, J.
The question presented for decision by this appeal is whether the instrument upon which the action was brought is supported by a consideration that the law recog nizes as sufficient. “A valuable consideration may consist of some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.” (3 Am. & Eng. Cyclo pedia of Law, 831; Currie v. Misa, L. R. [10 Ex.] 162 j. Chitty on Cont. [9th Am. ed.] 29; 2 Kent’s Comm. 465.)
It is not essential that the person to whom the consideration moves should be…
Also in this document: Dissent.
2Cases cited3 opinions
- Todd v. . WeberNew York Court of Appeals · 1884
- Seaman v. SeamanNew York Supreme Court · 1834
- Palmer v. NorthNew York Supreme Court · 1861
3Cited by60 opinions
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Seaver v. . RansomNew York Court of Appeals · 1918
- Silver v. GravesMassachusetts Supreme Judicial Court · 1911
- Holt v. FeigenbaumNew York Court of Appeals · 1981
- Union Bank v. . SullivanNew York Court of Appeals · 1915
55 more not listed; retrieve them via the Exa API.