Shaffer v. Lee
New York Supreme Court
This cause, was tried before Mr. Justice Watson at the Clinton circuit, in April, 1849, and a verdict rendered for the plaintiff, which the defendant, upon a case, now moved to set aside.
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This cause, was tried before Mr. Justice Watson at the Clinton circuit, in April, 1849, and a verdict rendered for the plaintiff, which the defendant, upon a case, now moved to set aside. The suit was upon a bond dated Oct. 1, 1839, in the penalty of §10,000, with a condition that if the said James Lee, his heirs, executors and administrators should well and truly furnish to the said George Shaffer and Hannah his wife all necessary meat, drink, lodging, washing, house-room and clothes, and all other necessaries of life, as well in sickness as in health, during both and each of their natural…
1Opinion of the Court
By the Court, Hand, J.
I see no force in the two minor points, that the evidence of the complaints or murmurings of the plaintiff before this bond was executed, and of the consideration of the bond were not admitted. The former querulousness of the plaintiff did not excuse the defendant from the performance of his covenant. And the condition of the bond was to support the plaintiff and his wife during their respective lives, without reference to the amount of the consideration. Whether more or less, that was sufficient to support the undertaking.
Nor was the plaintiff estopped by his statement…
2Cases cited3 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Bleecker v. SmithNew York Supreme Court · 1835
- Town of Royalton v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1842
3Cited by19 opinions
- Dresser v. DresserNew York Supreme Court · 1862
- Tippin v. WardOregon Supreme Court · 1875
- Bauchle v. BauchleAppellate Division of the Supreme Court of the State of New York · 1918
- Gerard v. CowperthwaitNew York Court of Common Pleas · 1893
- Benkard v. BabcockThe Superior Court of New York City · 1864
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