Payne v. Lansing
New York Supreme Court
Demurrer to pleadings. This was a bill filed against the defendant, one of the attornies, &c. as of the term of Octoher, 1827, in which the plaintiff declared, that on the 9th March, 1826, the defendant promised, in consideration that the plaintiff would not assign a certain judgment which he held against G. Quackenbush, obtained in the Washington common pleas, to one J. b.
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Demurrer to pleadings. This was a bill filed against the defendant, one of the attornies, &c. as of the term of Octoher, 1827, in which the plaintiff declared, that on the 9th March, 1826, the defendant promised, in consideration that the plaintiff would not assign a certain judgment which he held against G. Quackenbush, obtained in the Washington common pleas, to one J. b. B. that he, the defendant, as soon as a judgment should be rendered in the supreme court in lavor of the plaintiff against Quackenbush for the amount _ . ; . recovered in the common pleas, would take an assignment of the…
1Opinion of the Court
By the Court, Sutherland, J.
The demurrer is well taken. The bill is of the term of October, 1827, and yet it appears on the face ,qf the declaration that the cause of action did not accrue until the 4th day of December thereafter. The promise of the defendant, as stated in the declaration, was, that as. soon as judgment should be obtained in the supreme court against Gerrit Quackenbush upon a certain judgment in the court of common pleas of Washington county in favor of the plaintiff Payne against said Quaclcenbush, he, the defendant, would take an assignment of said judgment, and pay the…
2Cited by2 opinions
- Lester v. . JewettNew York Court of Appeals · 1854
- Delaware Trust Co. v. . CalmNew York Court of Appeals · 1909