Brooks v. Ball
New York Supreme Court
IN ERROR, to the Court of Common Pleas of Orange county. Ball brought an action of assumpsit against Brooks, in the Court below.
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IN ERROR, to the Court of Common Pleas of Orange county. Ball brought an action of assumpsit against Brooks, in the Court below. The declaration contained a special count, stating that the plaintiifclaimed of the defendant the sum of one hundred dollars, which the defendant denied that , , . , , he owed to the plain tin, but promised that if the plaintiff would make oath to the correctness of his claim, he the de-féndant would pay the amount thereof; and-averred, that the plaintiff did make oath to the truth and correctness of his claim, but that the defendant, notwithstanding his promise,…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The principal question, presented by this case is, whether a promise to pay a sum claimed to be due by one party and denied by the other, if the party claiming would, swear to the correctness of the claim, and he does so swear, is a valid promise ? Another question was made on the trial, whether it was competent to the defendant below to prove that the plaintiff below, either swore falsely or was grossly mistaken in the affidavit which he made ?
It has been frequently decided, that a promise to pay money, in consideration that the plaintiff…
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