Spencer v. Field
New York Supreme Court
Demurrer to declaration. The declaration in this case was in covenant on a written instrument, commencing thus: “A contract or articles of agreement made and concluded this 14th day of December, 1821, between James Hillbouse, commissioner of the school fund of the state of Connecticut, for and in behalf of said state, to and for the use and benefit of said school fund of the first part, and Joshua Field of Clarkson,&c. of the second part.”
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Demurrer to declaration. The declaration in this case was in covenant on a written instrument, commencing thus: “A contract or articles of agreement made and concluded this 14th day of December, 1821, between James Hillbouse, commissioner of the school fund of the state of Connecticut, for and in behalf of said state, to and for the use and benefit of said school fund of the first part, and Joshua Field of Clarkson,&c. of the second part.” It was signed “Joshua Field, L. S. James Hillhouse, Com’r. of the school fund, L. S.” and contained four covenants : 1. The party of the first part agreed…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defendant takes two exceptions to the declaration : 1. That the contract declared on is void, being made by James Hillhouse in his own name as agent for the state of Connecticut; 2. That the plaintiff not being a party to the contract, cannot maintain an action thereon.
The first inquiry which presents itself on perusing the instrument declared on, is, whose contract is it ? The contract itself says that it is entered into between James Hillhouse, commissioner of the school fund of the state of Connecticut for and in behalf of the said state, to and for the use…
2Cases cited1 opinion
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
3Cited by25 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Townsend v. CorningNew York Supreme Court · 1840
- Beebee v. RobertNew York Supreme Court · 1834
- Morgan v. BergenNebraska Supreme Court · 1874
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