Goulding v. Davidson
New York Court of Appeals
This is an action brought by the assignee of the vendors of certain goods and merchandise sold by them to the defendant, to recover the value thereof.
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This is an action brought by the assignee of the vendors of certain goods and merchandise sold by them to the defendant, to recover the value thereof. The goods were sold and delivered to her, as averred in the complaint, at her request, and solely on her credit and responsibility, she being then a trader doing business in her own name and for her own personal benefit and advantage, and holding herself out to be an unmarried woman, but that, in fact, at the time of making said contract, she was in truth a married woman, although the plaintiff’s assigns were ignorant thereof. But that, after…
1Opinion of the CourtDavies, J.
A natural or moral obligation is one which cannot be enforced by action, but which is binding on the party who incurs it, in conscience and according-to natural justice, (2 Bouv., 200;) and the instance of such an obligation is given as when the action upon the contract is barred by the statute of limitations,, a natural or moral obligation still subsists, although the civil obligation is extinguished. A natural obligation is a sufficient consideration for a new promise. (5 Binn., 33 ; 2 Binn., 591; Yelv., 41, a. n. 1; Cow., 289 ; 2 Bl. Com., 445 ; 3 B. & P., 249, n. ; 2 East., 506; 3 Taun.,…
2Cases cited4 opinions
- Sherman v. . ElderNew York Court of Appeals · 1862
- Clark v. HerringSupreme Court of Pennsylvania · 1812
- Bentley v. MorseNew York Supreme Court · 1817
- Greeves v. M'Allister, Pennsylvania Court of Common Pleas, Philadelphia County1809
3Cited by1 opinion
- Gilman v. HunnewellAppellate Division of the Supreme Court of the State of New York · 1920