Ehle v. Judson
New York Supreme Court
This wa|3 an action of assumpsit, tried at the Madison circuit in September, 1838, before the Hon. Philo Gbidley, one of the circuit judges. The action was by the plaintiff as the holder of a note payable to Elisha Swift, or bearer, for the sum of $100, transferred after maturity. The defence set up was want of consideration.
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This wa|3 an action of assumpsit, tried at the Madison circuit in September, 1838, before the Hon. Philo Gbidley, one of the circuit judges. The action was by the plaintiff as the holder of a note payable to Elisha Swift, or bearer, for the sum of $100, transferred after maturity. The defence set up was want of consideration. The defendant had been in negotiation with one James' Blatherwick for the purchase of a farm, but not agreeing as to the price and terms of payment, abandoned the negotiation. Elisha Swift then treated with Blatherwick, for the purchase of the farm on his own account,…
1Opinion of the Court
By the Court,
Bronson, J.
The note was given on a past or executed consideration. It was to compensate Swift for what he had done in negotiating for the farm, and obtaining the offer of better terms than Blatherwick had proposed to accept when the defendant was in treaty for the purchase.. I am unable to see how this makes out a good consideration for the promise. Swift had not acted for the defendant, but for himself. The defendant had relinquished all idea of purchasing the farm before Swift commenced treating for it; and Swift neither acted at the defendant’s request, nor with any view to…
2Cases cited2 opinions
- Parker v. CraneNew York Supreme Court · 1831
- Stewart v. EdenNew York Supreme Court · 1804
3Cited by6 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Goulding v. DavidsonNew York Court of Appeals · 1863
- Lebanon v. GriffinSupreme Court of New Hampshire · 1864
- Thomson v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1902
- Goulding v. . DavidsonNew York Court of Appeals · 1863
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