Fay's Administrators v. Richards
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit in October, 1836, before the Hon. Hiram Denio, then one of the circuit judges. The action was on a promissory note dated February 2, 1833, by which the defendants promised to pay the intestate $150, in three instalments, with interest from December 22, 1832. The defence was that the note was without consideration.
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This was an action of assumpsit, tried at the Oneida circuit in October, 1836, before the Hon. Hiram Denio, then one of the circuit judges. The action was on a promissory note dated February 2, 1833, by which the defendants promised to pay the intestate $150, in three instalments, with interest from December 22, 1832. The defence was that the note was without consideration. On the 22d December, 1832, Lyman and Clark Richards of the one part, and Jonas Fay, the intestate, of the other part, entered into sealed articles of agreement by which L. and 0. Richards agreed to pay Fay $150 in three…
1Opinion of the Court
By the Court,
Bronson, J.
The note was made in pursuance of the covenant to give security. This was a good consideration, and the defendants can make no question as to the consideration, without going back to the sealed contract, and impeaching the consideration upon which that was founded. This they could not do at the common law, and the statute only extends to two cases : first, where there is an “ action upon a sealed instrument,” and second, “ where a set-off is founded upon any sealed instrument.” 2 R. S. 406, § 77. This case is not within the letter of the statute; it is not an “ action…
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