Farrington v. Bullard
New York Supreme Court
APPEAL front a judgment of the county court of Saratoga county, reversing the judgment of a justice of the peace. The action was brought to recover damages for the fraud and deceit of the defendant, whereby the plaintiff had been presented from interposing a defense to an action pending before a justice of the peace. The facts as disclosed on the trial, and found by the justice, were as follows: That, in the month of February, 1859, Samuel Gibbs, and.
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APPEAL front a judgment of the county court of Saratoga county, reversing the judgment of a justice of the peace. The action was brought to recover damages for the fraud and deceit of the defendant, whereby the plaintiff had been presented from interposing a defense to an action pending before a justice of the peace. The facts as disclosed on the trial, and found by the justice, were as follows: That, in the month of February, 1859, Samuel Gibbs, and. Dolly Bullard, wife of the defendant, were the owners of a house and lot in the village of Saratoga Springs; that in that month, the defendant,…
1Opinion of the Court
By the Court, Bockes, J.
I. If we regard the action as one on contract, it is very plain that it cannot be maintained. The promise' was wholly without consideration. In this view it amounts to this: The plaintiff said to the defendant, I owe you $18 for rent; you have sued me for it; if you will discontinue the suit I will pay you in a few days; that is, if you will discontinue the suit I will pay you in a few days what I am in law bound to pay you and ought to pay you to-day. To this the defendant assented. Nothing'was paid or done as a consideration for what is claimed to be the defendant’s…
2Cases cited9 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- Nichols v. . PinnerNew York Court of Appeals · 1858
- White v. . MerrittNew York Court of Appeals · 1852
- Huggins v. KingNew York Supreme Court · 1848
- Miller v. HolbrookNew York Supreme Court · 1828
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Kley v. HealyNew York Court of Common Pleas · 1894
- Treacy v. HeckerThe Superior Court of New York City · 1876
- Richardson v. TrimbleNew York Supreme Court · 1885
- Seaman v. BecarNew York Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.