Herrendeen v. Witt
New York Supreme Court
Appeal from circuit court. Action brought in April, 1887, by Lemuel Herendeen, John P. Frazer, and James B. Gardner, as superintendents of the poor of Ontario county, against Henry G. De Witt on an instrument in writing of which the following is a copy: “Canandaigua, October 9, 1886. For value received, I promise to pay the superintendents of the poor of Ontario county fifty dollars, without interest, on the 1st day of April, 1887, fifty dollars on the 1st day of April,…
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Appeal from circuit court. Action brought in April, 1887, by Lemuel Herendeen, John P. Frazer, and James B. Gardner, as superintendents of the poor of Ontario county, against Henry G. De Witt on an instrument in writing of which the following is a copy: “Canandaigua, October 9, 1886. For value received, I promise to pay the superintendents of the poor of Ontario county fifty dollars, without interest, on the 1st day of April, 1887, fifty dollars on the 1st day of April, 1888, and fifty dollars on the 1st day of April in each and every year thereafter, until one thousand dollars in all is…
1Opinion of the CourtBradley, J.
The ground of the defense upon the merits was, and the main contention on the part of the defendant here is, that there was no consideration to support the promise of the defendant expressed in the instrument sued on. As the appeal is from the judgment only, no question can be given consideration on this review other than such as was raised by exception taken on the trial. The defendant’s counsel asked for the direction of a verdict, which was declined, and exception taken; and a verdict was directed for the plaintiffs upon the request of their counsel, to which exception was taken. The…
2Cases cited10 opinions
- Todd v. . WeberNew York Court of Appeals · 1884
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Edwards v. DavisNew York Supreme Court · 1819
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
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3Cited by3 opinions
- Aldridge v. WalkerNew York Supreme Court · 1893
- Oneida County v. BartholomewNew York Supreme Court · 1894
- Hurst v. Cresson & Clearfield Coal & Coke Co.New York Supreme Court · 1895