Utica & Schenectady Railroad v. Brinckerhoff
New York Supreme Court
Demurrer to declaration. The plaintiffs declared against the defendant Elizabeth Brinckerhoff, that by a certain agreement made in writing between the plaintiffs and the -defendant, on, &c., at, ,&c. it was stipulated, that if the plaintiffs should locate their road on Water street, terminating at the square at the lower, end of Genesee street in Utica, and should require for the purposes of their ,road certain lands in the vicinity of such.square (particularly describing…
Read the full summary
Demurrer to declaration. The plaintiffs declared against the defendant Elizabeth Brinckerhoff, that by a certain agreement made in writing between the plaintiffs and the -defendant, on, &c., at, ,&c. it was stipulated, that if the plaintiffs should locate their road on Water street, terminating at the square at the lower, end of Genesee street in Utica, and should require for the purposes of their ,road certain lands in the vicinity of such.square (particularly describing them,) that the defendant in consideration of the benefits which she,would derive from such location, would pay such sum…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The difficulty in sustaining this action is, that no consideration appears for the undertaking of the defendant. The written instrument is but a simple proposition, and no averment that it was acceded to by.the plaintiffs. The fact that they Afterwards located the road agreeably to the terms of the proposition is, of itself, nothing ; it should have, appeared that they had agreed with the defendant, thus to locate it as a consideration for the promise. The promise of each must be concurrent and obligatory at the same time to render either binding, and should be so…
2Cases cited2 opinions
- Livingston v. RogersNew York Supreme Court · 1804
- De Zeng v. BaileyNew York Supreme Court · 1832
3Cited by21 opinions
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Wilkinson v. HeavenrichMichigan Supreme Court · 1886
- Houser v. HobartIdaho Supreme Court · 1912
- Coe v. . ToughNew York Court of Appeals · 1889
16 more not listed; retrieve them via the Exa API.