Stryker v. Vanderbilt
Supreme Court of New Jersey
;On demurrer to pleas. Lawrence Y. Stryker, of the county of Somerset, died intestate. The administrator of his estate, Stephen Stryker, died leaving the estate unsettled. John B. Stryker, the administrator of Stephen Stry key’s estate, became also the administrator of the estate of Lawrence Y. Stryker, left unadministered by Stephen Stryker, deceased.
Read the full summary
;On demurrer to pleas. Lawrence Y. Stryker, of the county of Somerset, died intestate. The administrator of his estate, Stephen Stryker, died leaving the estate unsettled. John B. Stryker, the administrator of Stephen Stry key’s estate, became also the administrator of the estate of Lawrence Y. Stryker, left unadministered by Stephen Stryker, deceased. It being shown to the Orphans Court that the personal estate of said Lawrence Y. Stryker was insufficient to pay his debts, an order was made directing the said John B. Stryker to sell certain real estate of which said Lawrence Y. Stryker died…
1Opinion of the Court
The Chief Justice.
The demurrer to the second plea raises the long agitated question, whether fraud in the consideration of a deed is a good defence at law. The question is not whether a court of common law has jurisdiction over questions of fraud, or power to relieve against it. That is conceded. The difficulty grows out of the familiar principle, that a seal imports a consideration ; and where the contract is in itself leffal, the amount or value ^of the consideration cannot be inquired into in a court of law: and inasmuch as an averment of fraud in the consideration of the contract…
2Cases cited6 opinions
- Blood v. GoodrichNew York Supreme Court · 1832
- Mead v. DegolyerNew York Supreme Court · 1837
- Franchot v. LeachNew York Supreme Court · 1826
- Langworthy & Clark v. SmithNew York Supreme Court · 1829
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Whitehead v. VillapianoNew Jersey Superior Court Appellate Division · 1951
- Williams v. SanacoreNew Jersey Superior Court Appellate Division · 1951
- Schlecter v. HollanderNew Jersey Superior Court Appellate Division · 1951