Tebo v. . Robinson
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 29 Hun, 243.) This action was brought upon a promise contained in a letter written by defendant to plaintiff in October, 1872; of so much of the letter as is material the following is a copy: “You will find inclosed $100, with interest, which you so kindly loaned me one year ago, and I hope and trust I shall shortly be able to…
1Opinion of the CourtAndrews, J.
The promise of the defendant contained in the letter of October 19, 1872, was conditional. It was to pay the debt the moment he was able.” The cause of action on this promise accrued as soon as the defendant had the pecuniary ability to pay his debt. Proof that the defendant at a particular time subsequent to October 19,1872, had property equal to, or greater than the amount of the plaintiff’s debt, would not conclusively show that he was able to pay the debt within the meaning of the promise so as to give a right of action. This fact might be consistent with utter insolvency on the part of…
2Cited by39 opinions
- Kaufman v. KaufmanAppellate Court of Illinois · 1974
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
- Van Buskirk v. KuhnsCalifornia Supreme Court · 1913
- Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
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