Rouget v. Haight
New York Supreme Court
Appeal from special term, New York county. Action by Edward Rouget against Theodore Haight and Ellen J. Haight on an instrument under seal, as follows: “This agreement, made and entered into by and between Theodore Haight and Ellen J. H. Haight, his wife, of Irvington, -Westchester county, New York, parties of the first part, and Edward Rouget, of Ridgefield Park, New Jersey, party of the second part, witnesseth: The said party of the second part hereby agrees to advance to…
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Appeal from special term, New York county. Action by Edward Rouget against Theodore Haight and Ellen J. Haight on an instrument under seal, as follows: “This agreement, made and entered into by and between Theodore Haight and Ellen J. H. Haight, his wife, of Irvington, -Westchester county, New York, parties of the first part, and Edward Rouget, of Ridgefield Park, New Jersey, party of the second part, witnesseth: The said party of the second part hereby agrees to advance to said Theodore Haight from time to time sums of money, in all not to exceed the sum of ten thousand dollars; that said…
1Opinion of the Court
Beady, J.. The defendant was not obliged to state whether the agreement upon which his counter-claim rests was in writing or not. In the language of the court of appeals, it was sufficient for him to allege the contract and breach, without any specification of the evidence thereof. Tuttle v. Hannegan, 54 N. Y. 686. The plaintiff in the case sought to recover damages for a breach of a contract, and on the trial offered in evidence a written instrument in the form of a bond containing the agreement. It was objected that the action should have been brought thereon, but the court admitted it. It…
2Cases cited2 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Jackman v. LordNew York Supreme Court · 1890
3Cited by12 opinions
- Johnson v. Great Northern Railway Co.North Dakota Supreme Court · 1903
- Kavanaugh v. Commonwealth Trust Co.New York Supreme Court · 1904
- Meredith v. Art Metal Construction Co.New York Supreme Court · 1916
- Madden v. Underwriting Printing & Publishing Co.New York Supreme Court · 1894
- Harrington v. StillmanAppellate Division of the Supreme Court of the State of New York · 1907
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