Dix v. Shaver
New York Supreme Court
Motion by plaintiff for a new trial on exceptions taken at the Niagara Circuit, and ordered to be heard at the General Term in the first instance.
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Motion by plaintiff for a new trial on exceptions taken at the Niagara Circuit, and ordered to be heard at the General Term in the first instance. The action was brought by the plaintiff as the assignee of the Lake Ontario Shore Railroad Company and the Rome, Water-town and Ogdensburgh Railroad Company to recover the sum of' one hundred dollars set opposite the name of the defendant, upon a- subscription paper signed by the defendant and others, of which the following is a copy: “ In consideration of one dollar to each of us in hand paid by the Lake Ontario Shore Railroad Company, the receipt…
1Opinion of the Court
Smith, J.:
The judge, at the Circuit, ivas clearly right in holding that there was no consideration for the defendant’s subscription. It was a mere offer on his part, which he was at liberty to retract at any time before any act on the part of the company indicating an acceptance of the offer, and constituting a good consideration for the defendant’s promise. No such act was performed by the company to which the offer was made. Had the company built and operated the road upon the route specified in the subscription paper, we incline to the opinion that it might have been inferred, in the…
2Cases cited3 opinions
- Fort Edward, C., Plank Road Co. v. . PayneNew York Court of Appeals · 1857
- Wayne & Ontario Collegiate Institute v. SmithNew York Supreme Court · 1861
- Macedon & Bristol Plank Road Co. v. SnedikerNew York Supreme Court · 1854