Whitbeck v. Whitbeck
New York Supreme Court
Assumpsit, tried at the Monroe circuit, November, 1826, before Bird sail, C. Judge. The declaration contained the common money counts, and also a count for a certain messuage or tenement and . premises, *with the appurtenances, sold by the plaintiff to the defendant, at his instance and request; also a count for goods sold, and on an account stated.
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Assumpsit, tried at the Monroe circuit, November, 1826, before Bird sail, C. Judge. The declaration contained the common money counts, and also a count for a certain messuage or tenement and . premises, *with the appurtenances, sold by the plaintiff to the defendant, at his instance and request; also a count for goods sold, and on an account stated. The plaintiff furnished a bill of particulars, under an order, thus: “ John I. Whit-beck to Harmon Whitbeck Dr. April 22, 1826, to balance due for a farm of land sold by H. Whitbeck to John I. Whitbeck, the value of the farm and the contract price…
1Opinion of the Court
Curia, per Sutherland, J.
The evidence of Lawrence P. Whitbeck clearly establishes the fact of a settlement made between the plaintiff and the defendant, on the 31st day of October, 1822, and that the balancé of $648,14 was then found due td the plaintiff, Which the defendant, John I. Whitbeck, then expressly promised to pay. This Settlement related to the balance due to the plaintiff, for'the farm of which the defendant was then in possession, which the plaintiff had *previóúsly Owned, and upon which he had given a mortgage to John Whitbeck, junior, the father of the defendant; and the…
2Cases cited4 opinions
- Bowen v. BellNew York Supreme Court · 1823
- Shephard v. LittleNew York Supreme Court · 1817
- Jackson v. MorseNew York Supreme Court · 1819
- Jackson ex dem. Smith v. PierceNew York Supreme Court · 1807
3Cited by12 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Lee v. NewmanMississippi Supreme Court · 1877
- Nugent v. TeachoutMichigan Supreme Court · 1887
- Lewis v. HarrisSupreme Court of Alabama · 1858
- Kilbourne v. WileyMichigan Supreme Court · 1900
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