Shaw v. Ayrs
New York Supreme Court
Q. jf. Lee, moved for a reference, on the usual affidavit, w. M. Oliver, contra, produced a sworn copy of the declaration, which consisted of two special counts only, upon an agreement.
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Q. jf. Lee, moved for a reference, on the usual affidavit, w. M. Oliver, contra, produced a sworn copy of the declaration, which consisted of two special counts only, upon an agreement. The declaration recited, that the plaintiff being possessed of certain goods and notes belonging to one Stoddard, who owed the plaintiff, he, at the request of the defendants, promised to deliver the goods to'them; in consideration of which premises the defendants promised to receive the goods and notes, and pay the plaintiff the . demands which he then had, or should thereafter have against Stoddard, provided…
1Opinion of the Court
Curia.
Here is no averment of delivery, or of an offer to deliver the goods and notes; and a question of law may very well arise upon the proof, whether the contract in question was such as to bind the defendants, without any farther act or consideration than a mere promise to deliver the goods. It is sworn that this question will arise, and the manner in which it may arise” sufficiently appears from the declaration and affidavit.
Motion denied.
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