Mallory v. Gillett
New York Supreme Court
APPEAL from a judgment entered upon the report of a . referee. The complaint alleged that before the time of making of the promise of the defendant, thereinafter mentioned, the plaintiff, at the request of one William' Haines, placed upon his dry dock in the town of Corning, the canal boat “ Metropolisand put repairs upon the same to the amount and of the value of $124.61, for the work and materials of such repairs, and whereby the plaintiff acquired a lien upon said boat…
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APPEAL from a judgment entered upon the report of a . referee. The complaint alleged that before the time of making of the promise of the defendant, thereinafter mentioned, the plaintiff, at the request of one William' Haines, placed upon his dry dock in the town of Corning, the canal boat “ Metropolisand put repairs upon the same to the amount and of the value of $124.61, for the work and materials of such repairs, and whereby the plaintiff acquired a lien upon said boat for the amount of such repairs, to wit, the sum of $124.61, aforesaid. That said boat being still in the possession of the…
1Opinion of the Court
By the Court, Welles, J.
There is no doubt that the defendant’s promise to pay for the repairs of the boat in this case, was valid and obligatory upon him at common law. The plaintiff parted with a substantial .right, which was a sufficient consideration to uphold the defendant’s promise. It was, however, a promise to pay a debt due from Haines to the plaintiff, with which, it does not appear, the defendant was in any manner connected. The debt was one which Haines had contracted, and which had become complete and absolute before the defendant promised to pay it.It was emphatically the debt of *613…
2Cases cited5 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Barker v. BucklinNew York Supreme Court · 1846
- Mercein v. Andrus & MackNew York Supreme Court · 1833
- Simpson v. PattenNew York Supreme Court · 1809
- Slingerland v. MorseNew York Supreme Court · 1811
3Cited by3 opinions
- Fowler v. MollerThe Superior Court of New York City · 1863
- Stoddard v. GrahamNew York Supreme Court · 1861
- Fowler v. MollerThe Superior Court of New York City · 1859