Dexter v. Hazen
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. H. S' A« d D. before the justice. The plaintiffs declared, that whereas on or before the 20th May last, the defendant had promised and engaged with the plaintiffs, that they might go, pass and repass with their teams, &c. over certain lands and premises of the defdant; that he, the defendant, afterwards ploughed up the land and shut up and fenced it, and stopped the plaintiffs from passing' over the land, contrary to his…
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IN ERROR, on certiorari, from a justice’s court. H. S' A« d D. before the justice. The plaintiffs declared, that whereas on or before the 20th May last, the defendant had promised and engaged with the plaintiffs, that they might go, pass and repass with their teams, &c. over certain lands and premises of the defdant; that he, the defendant, afterwards ploughed up the land and shut up and fenced it, and stopped the plaintiffs from passing' over the land, contrary to his agreement, &c. The defendant pleaded non assumpsit, and a set-off for 2 days’ work. The the cause was adjourned, at his…
1Opinion of the Court
ePer Curiam.
The evidence of the former trial and judgment was properly rejected, as it had not been pleaded, nor notice given 0f at the time of joining issue. But the promise declared on was without consideration. It was a mere license gratuitously given, revocable at pleasure, it being still executory. (8 East, 308.) The judgment must be reversed.
Judgment reversed.
2Cited by6 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Boyce v. BrownNew York Supreme Court · 1849
- Coles v. CarterNew York Supreme Court · 1827
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
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