Carter v. Phelps's
New York Supreme Court
THIS was an action of assumpsit. The declaration contained six counts. The first count was on a special agreement, made by the intestate, in his life-time, and gtate¿ a breach of the agreement, and the intestate’s liability . but no promise was stated.
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THIS was an action of assumpsit. The declaration contained six counts. The first count was on a special agreement, made by the intestate, in his life-time, and gtate¿ a breach of the agreement, and the intestate’s liability . but no promise was stated. The second count was for goods sold and delivered to the intestate, in his ° life-time, by which he became indebted, &c. and a promise, by the intestate, in his life-time, and after his death, a promise by the defendant, administrator as aforesaid? to Pay> &c. In the third and fourth counts, which were for goods sold and delivered, and work and…
1Per curiam
There is no well-founded objection to the counts in the declaration. In all of them the cause of action is stated to have arisen in the life-time of the.intestate, and though the promise by the defendant is not stated to be made by him as administrator, yet it is stated, in every instance, that the cause of action arose, and a promise to perform it was made, by the intestate, and a promise also by the defendant, “ administrator as aforesaid.” In one part of the 5th count, this addition is omitted, but in the latter part of the count, the notice of the value of the service is stated to be…
2Cited by4 opinions
- Bradley v. BurwellNew York Supreme Court · 1846
- Whitmore v. DelanoSuperior Court of New Hampshire · 1834
- Heirs of Waldsmith v. Administrators of WaldsmithOhio Supreme Court · 1825
- Reeve v. Exr. of CawleySupreme Court of New Jersey · 1840