Herendeen v. Dewitt
New York Supreme Court
Appeal from judgment entered on verdict of Ontario circuit, against the defendant. The action was brought in April, 1887, on an instrument in writing, of which the following is a copy: Canandaigua, October 9, 1886. c ‘ For value received, I promise to pay the superintendents of the poor of Ontario county, fifty dollars, without interest, on the first day of April, 1887, fifty dollars on the first day of April, 1888, and fifty dollars on the first day of April in each and…
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Appeal from judgment entered on verdict of Ontario circuit, against the defendant. The action was brought in April, 1887, on an instrument in writing, of which the following is a copy: Canandaigua, October 9, 1886. c ‘ For value received, I promise to pay the superintendents of the poor of Ontario county, fifty dollars, without interest, on the first day of April, 1887, fifty dollars on the first day of April, 1888, and fifty dollars on the first day of April in each and every year thereafter, until one thousand dollars in all is paid. Said payments to be made at the banking office of…
1Opinion of the CourtBradley, J.
The ground of the defense upon the merits, was, and the main contention on the part of the defendant here, is that there was no consideration to support the promise of the defendant expressed in the instrument sued on. As the appeal is from the judgment only, no question can be given consideration on this review other than such as was raised by exception taken on the trial. The defendant’s counsel asked for the direction of a verdict, which was declined and exception taken. And a verdict was directed for the plaintiff upon the request of his counsel, to which exception was taken. The question…
2Cases cited7 opinions
- Edwards v. DavisNew York Supreme Court · 1819
- Ormes v. . DauchyNew York Court of Appeals · 1880
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
- Chilcott v. TrimbleNew York Supreme Court · 1852
- Comstock v. SmithNew York Supreme Court · 1810
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