Wood v. . Whitehead Brothers Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 17, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 17, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This action was brought to recover a sum claimed to be due to the plaintiff under a contract, made orally, with the defendant, in May, 1895 ; by the terms of which the latter had agreed to pay to the former thirty dollars each month, while he lived and while it remained a corporation, in consideration of his agreement to give up the business of dealing in…
1Opinion of the CourtGray, J.
The appellant has raised two questions with respect to the validity of the contract sued upon. In the first place, it is contended that it was wholly without any consideration ; for the reason that, when it was made, there was in force a prior contract, made in 1893, which required the plaintiff to do every act and thing required of him by the contract of 1895 ; invoking a familiar principle in the law of contracts. (Vanderbilt v. Schreyer, 91 N. Y. 392, 401.) I think that there are two answers to this. The writing of 1893 was of a twofold nature. It was, in part, an acknowledgment by the…
2Cases cited7 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Tode v. . GrossNew York Court of Appeals · 1891
- Cummings v. . Union Blue Stone Co.New York Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Purchasing Associates, Inc. v. WeitzNew York Court of Appeals · 1963
- Ellingham v. DyeIndiana Supreme Court · 1912
- Mohawk Maintenance Co. v. KesslerNew York Court of Appeals · 1981
- McCall Co. v. . WrightNew York Court of Appeals · 1910
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
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