Vrooman v. Phelps
New York Supreme Court
This was an action of covenant. The plaintiff declared on a deed, or sealed instrument, executed by the defendant, by which he covenanted to pay to the plaintiff the sum of 150 dollars, Ac.
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This was an action of covenant. The plaintiff declared on a deed, or sealed instrument, executed by the defendant, by which he covenanted to pay to the plaintiff the sum of 150 dollars, Ac. The defendant pleaded that the plaintiff entered into a conversation with him relative to the purchase of a female negro slave, belongingto the plaintiff, in which conversation, the plaintiff fraudently and knowingly, did represent and allege to the defendant, that the said slave was honest, and not addicted to intoxication or theft, and would faithfully serve the defendant, if he purchased her, &c. the…
1Opinion of the Court
Tompkins J.
delivered the opinion of the court. The only question is, whether the demurrer to the plea is well taken. No authorities were cited upon the argument to show that a specialty could be invalidated for any other cause than the illegality of the consideration, which makes *179it void from the beginning. In this case, the consideration for the bill, or sealed obligation of the defendant, was a slave sold to him by the plaintiff. This was a fair, legal, and valid consideration. In the case of Dorlan v. Sammis,* decided in this court, it was held, that the want or failure of consideration…
2Cited by23 opinions
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- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Franchot v. LeachNew York Supreme Court · 1826
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
- Somes v. SkinnerMassachusetts Supreme Judicial Court · 1820
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