Troup v. Executors of Smith
New York Supreme Court
THIS was an action of assumpsit, brought against the executors of John Smith, deceased. The declaration contained five counts: The first count stated, that the plaintiff, being seised of a township of land, in the town of Ossian, comity r * . of Alleghany, and being desirous of having the same surveyed into lots of convenient size, for the purpose of enabling him to sell the same, with exactness and certainty, to ° \ v settlers desirous of purchasing lots, and also to convey…
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THIS was an action of assumpsit, brought against the executors of John Smith, deceased. The declaration contained five counts: The first count stated, that the plaintiff, being seised of a township of land, in the town of Ossian, comity r * . of Alleghany, and being desirous of having the same surveyed into lots of convenient size, for the purpose of enabling him to sell the same, with exactness and certainty, to ° \ v settlers desirous of purchasing lots, and also to convey the same to purchasers, with accuracy and certainty; the testator, in his life time, being a surveyor of land, and…
1Opinion of the Court
Spenceb, Ch. J.
delivered the opinion of the Court. The defendants have demurred generally to the plaintiff’s replications to a plea of the statute of limitations. The declaration is in assumpsit, on the promises of the testator, as a surveyor, for a reward to be paid to him therefor, by the plaintiff, to survey out into lots, skilfully and accurately, a township of land, and to delineate the same on a map, to enable the plaintiff, the proprietor thereof, to sell the same in parcels, and to actual settlers. The breach alleged is, that although the testator was paid therefor, a large sum of…
2Cases cited1 opinion
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
3Cited by58 opinions
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- Thompson v. Whitaker Iron Co.West Virginia Supreme Court · 1895
- Mobley v. Murray CountySupreme Court of Georgia · 1934
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
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