Gould v. Moring
New York Supreme Court
APPEAL from a judgment rendered at a special term, after a trial at the circuit. The action was brought to recover 1160.50 for rent due on the 1st of May, 1856, by Edward Heilberth, on the following agreement, to wit: • “I have this day rented the office Ho. 2 Hanover street, of Thomas Andrews, treasurer, until the 1st May next, for the sum of three hundred and twenty-five dollars, payable one half 1st of February, the other half 1st May next. Messrs.
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APPEAL from a judgment rendered at a special term, after a trial at the circuit. The action was brought to recover 1160.50 for rent due on the 1st of May, 1856, by Edward Heilberth, on the following agreement, to wit: • “I have this day rented the office Ho. 2 Hanover street, of Thomas Andrews, treasurer, until the 1st May next, for the sum of three hundred and twenty-five dollars, payable one half 1st of February, the other half 1st May next. Messrs. Hughes & Andrews reserving the use of their desk in said office without any additional charge to them of fire or clerk hire. Hew York, October…
1Opinion of the Court
By the Court, Davies, P. J.
The case of Hanford, v. Rogers, (11 Barb. 18,) decided in 1851, in the general term of this district, is certainly an authority for maintaining the ruling at the circuit.
In that case the guaranty of a hond expressing no consideration was held not to he within the statute of frauds. It was executed at the time of the hond, and was held tq be a part of the same transaction. It was as in this case, one transaction, executed at one time, and for one consideration, and the court say that “ none of the dangers against which the statute of frauds was designed to guard…
2Cases cited2 opinions
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Hanford v. RogersNew York Supreme Court · 1851
3Cited by4 opinions
- Carpenter v. ThompsonSupreme Court of Connecticut · 1895
- Evans v. ConklinNew York Supreme Court · 1893
- International Text Book Co. v. FoxAppellate Division of the Supreme Court of the State of New York · 1912
- Decker v. GaylordNew York Supreme Court · 1876