De Ridder v. Schermerhorn
New York Supreme Court
Demurrer to complaint. On the 13th April, 1836, the defendant, John 0. Schemerhorn, received from Mariah De Bidder $ 100, which he promised to pay out in the purchase of land in Michigan or Illinois, and procure deeds therefor in the name of the said Mariah and John, and to pay 3 J per cent interest, and to act for the mutual interest of both parties. A receipt expressing this contract was given by Schermerhorn, under his hand and seal.
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Demurrer to complaint. On the 13th April, 1836, the defendant, John 0. Schemerhorn, received from Mariah De Bidder $ 100, which he promised to pay out in the purchase of land in Michigan or Illinois, and procure deeds therefor in the name of the said Mariah and John, and to pay 3 J per cent interest, and to act for the mutual interest of both parties. A receipt expressing this contract was given by Schermerhorn, under his hand and seal. On the same day, and on the same piece of paper, the defendant Purdy, by an instrument under his hand and seal, covenanted and guaranteed the fulfillment by…
1Opinion of the CourtWillard, J.
This action, was probably brought upon the authority of the case of Enos v. Thomas, decided by Justice Harris at the Albany special term in 1849, (4 How. 48.) The only material distinction between the cases is, that these contracts are both under seal, and the contracts in that case were without seal; but I apprehend that the principle must be the same in both cases. The case of Enos v. Thomas was decided upon the authority of Hough v. Gray, (19 Wend. 202.) Luqueer v. Prosser, (1 Hill, 256 ; affirmed in error, 4 Id. 420,) and the kindred cases. (See Manrow v. Durham, 3 Hill, 584. Leggett v.…
2Cases cited2 opinions
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Hough v. GrayNew York Supreme Court · 1838
3Cited by19 opinions
- Tibbits v. PercyNew York Supreme Court · 1857
- Cridler v. CurryNew York Supreme Court · 1873
- In re Brooklyn Trust Co.New York Supreme Court · 1936
- Mowery v. P. P. Mast & Co.Nebraska Supreme Court · 1880
- Roehr v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1896
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