Westfall v. Parsons
New York Supreme Court
This action was brought for moneys alleged to have been paid by the plaintiff for the use of the defendant and at his request, and was tried at a circuit court in Wayne county, held by Justice Welles, in January, 1853. The following facts were proved on the trial.
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This action was brought for moneys alleged to have been paid by the plaintiff for the use of the defendant and at his request, and was tried at a circuit court in Wayne county, held by Justice Welles, in January, 1853. The following facts were proved on the trial. On the 12th of December, 1849, Jabez Parsons made a note for $1000, payable sixty-three days after date to the order of the defendant at the Seneca County Bank, which note was indorsed by the defendant and the plaintiff. On the 15th of the same month, the maker of the note executed a mortgage to the defendant, upon land in Ontario…
1Opinion of the Court
By the Court, T. R. Strong, J.
It is insisted on the part of the plaintiff, that the verbal agreement between Jabez Parsons and the parties to this action, which the defendant’s counsel proposed to prove, was invalid for want of consideration, and by the statute of frauds; and that if valid, it did not change the relation of the parties to the action, in respect to the debt, to each other, and make them, as between themselves, jointly liable for its payment.
The position taken in respect to the question of consideration is, that Jabez Parsons did not agree to do, or do any thing more *649than he…
2Cases cited4 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Abbott v. DraperNew York Supreme Court · 1847
- Ellwood v. MonkNew York Supreme Court · 1830
- Conkey v. HopkinsNew York Supreme Court · 1819
3Cited by7 opinions
- Resseter v. WatermanIllinois Supreme Court · 1894
- Rogers v. BrightmanWisconsin Supreme Court · 1859
- Brown ex rel. Clardy v. BrownSupreme Court of Missouri · 1870
- Quackenboss v. HarbaughSupreme Court of Missouri · 1923
- Green v. EstesSupreme Court of Missouri · 1884
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