Moyer v. Shoemaker
New York Supreme Court
This was an action of assumpsit. The declaration contained the common money counts, and counts on an insimul computassent, and also counts for lands sold, and for the unexpired term of a lease sold to the defendant. There was a bill of particulars-, in which the plaintiff claimed the sum of $240, specified as the consideration of a conveyance of lands executed by the defendant to the plaintiff, on the 28th of Nov. 1846. Plea the general issue, with a notice of payment.
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This was an action of assumpsit. The declaration contained the common money counts, and counts on an insimul computassent, and also counts for lands sold, and for the unexpired term of a lease sold to the defendant. There was a bill of particulars-, in which the plaintiff claimed the sum of $240, specified as the consideration of a conveyance of lands executed by the defendant to the plaintiff, on the 28th of Nov. 1846. Plea the general issue, with a notice of payment. The cause was tried at the Herkimer circuit in October, 1848, before Justice Gridley, when a verdict was rendered for the…
1Opinion of the Court
By the Court, Gridley, J.
This action was brought to recover back the purchase pride alleged to have been paid for eight acres of land, under the following circumstances: On the 28th of Nov. 1846, the defendant conveyed to the plaintiff eight acres of.land lying in the north half of lot No. 12, of L’Hommedieu’s patent, in Herkimer county, for the consideration expressed in the deed of $240, with the usual covenant for quiet enjoyment. On the same day the plaintiff assigned to the defendant a perpetual lease of a tract of land in another patent, for the consideration expressed in the assignment…
2Cases cited5 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Whitney v. AllaireNew York Supreme Court · 1847
- Shephard v. LittleNew York Supreme Court · 1817
- Miller v. WatsonNew York Supreme Court · 1830
3Cited by14 opinions
- Getty v. . DevlinNew York Court of Appeals · 1873
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Taft v. KesselWisconsin Supreme Court · 1862
- Wheaton v. BakerNew York Supreme Court · 1853
- White v. SeaverNew York Supreme Court · 1867
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