Work v. Beach
New York Supreme Court
Action by Frank Work and others against Miles Beach. See former decision, 6 N. Y. Supp. 27.
1Opinion of the CourtBarrett, J.
We must approach the consideration of this case from the stand-point of the rule laid down by the general term in disposing of the demurrer. ' Work v. Beach, 53 Hun, 7, 6 N. Y. Supp. 27. It was there held, upon full consideration, that the promise to pay “when able to do so,” upon which this action is founded, was conditional, and that to entitle the plaintiffs to recover thereon they must plead and prove the fact of such ability. The rule thus laid down is supported by many authorities, both in England and in this *13country. Cole v. Saxby, 3 Esp. 159; Davies v. Smith, 4 Esp. 36; Penn v.…
2Cases cited9 opinions
- Wakeman v. . ShermanNew York Court of Appeals · 1853
- Works v. HersheySupreme Court of Iowa · 1872
- Everson v. CarpenterNew York Supreme Court · 1837
- Scouton v. EislordNew York Supreme Court · 1810
- Kincaid v. HigginsCourt of Appeals of Kentucky · 1809
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3Cited by3 opinions
- Work v. BeachNew York Supreme Court · 1891
- Monhof v. HappyAppellate Terms of the Supreme Court of New York · 1932
- Roy Realty Co. v. B. Altman & Co.Appellate Division of the Supreme Court of the State of New York · 1920