Legal Opinion

Allen v. Jaquish

New York Supreme Court

Decided October 15, 1839PublishedCited by 29 opinions

This was an action of ejectment, tried at the. Delaware circuit in May, 1837, before the Hon. James Vanderpoel, then one of the circuit judges.

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This was an action of ejectment, tried at the. Delaware circuit in May, 1837, before the Hon. James Vanderpoel, then one of the circuit judges. On the 25th August, 1834, an agreement under seal was entered into by the plaintiff and 'John Jaquish, junior, whereby the plaintiff bound himself to furnish a mill on a certain stream and as much timber as could be cut and sawed into lumber and manufactured into shingles by Jaquish during ten years next ensuing the date of the agreement, from certain specified lots ; to keep the mill in repair, and within one year to make a good road from the mill to…

1Opinion of the Court

By the Court,

Cowen, J.

[After ruling against the defendants the minor objections raised in the case : such as that a joint possession was not shown in the defendants, and that the evidence offered of non-performance, by the plaintiff of the stipulations in the first contract on his part agreed to be performed ought not to have been rejected, the judge proceeded as follows:] The second agreement was, I think, valid. One objection raised on the argument was. that the agreement not being under seal, it should have expressed a consideration. It was evidently intended as a modification of the first…

2Cases cited2 opinions

  1. Suydam v. JonesNew York Supreme Court · 1833
  2. Sinard v. PattersonIndiana Supreme Court · 1834

3Cited by29 opinions

  1. Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
  2. Reeder v. . SayreNew York Court of Appeals · 1877
  3. McCreery v. . DayNew York Court of Appeals · 1890
  4. Alschuler v. SchiffIllinois Supreme Court · 1896
  5. Church v. . BrownNew York Court of Appeals · 1860

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