Ferris v. Purdy
New York Supreme Court
THIS was an action of debt on a bond, conditioned “ that if the above bounden trustees of the presbyterian society of Yorktomn, shall well and truly furnish the aforesaid George Ferris, if necessity requires, with a comfortable dwelling-house, 20 by 30 feet, with a small kitchen, then the above obligation to be void,” 8cc. The defendants pleaded the general issue, with notice of special matter to be given in evidence at the trial.
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THIS was an action of debt on a bond, conditioned “ that if the above bounden trustees of the presbyterian society of Yorktomn, shall well and truly furnish the aforesaid George Ferris, if necessity requires, with a comfortable dwelling-house, 20 by 30 feet, with a small kitchen, then the above obligation to be void,” 8cc. The defendants pleaded the general issue, with notice of special matter to be given in evidence at the trial. The plaintiff proved the bond, and that at the time of its execulion he was in possession of a certain house which he held un_ , , „ , , . _ . aer the detendants;…
1Per curiam
The condition of the bond was evidently for a purpose of Christian charity. The obligors were trustees of a church, and they were to furnish the plaintiff with a comfortable dwelling-house, if necessity required. The obligee ivas bound to show the existence of that necessity, as a condition precedent, but he has not done it.
Motion denied,
2Cited by3 opinions
- Pacific Mutual Insurance v. GuseSupreme Court of Missouri · 1872
- Scott v. HawsmanU.S. Circuit Court for the District of Ohio · 1840
- Livingston v. GordonNew York Supreme Court · 1879