Billings v. Vanderbeck
New York Supreme Court
APPEAL from a judgment entered at a special term, upon the report of a referee. The complaint alleged that on the 19th of March, 1852, the plaintiff purchased of the defendant, at auction, a horse, a mare, a double wagon, drag and double harness, for the aggregate sum of $164.75, for which he gave to the defendant his promissory note, with two other persons as sureties, payable on the first of November, 1852, with interest.
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APPEAL from a judgment entered at a special term, upon the report of a referee. The complaint alleged that on the 19th of March, 1852, the plaintiff purchased of the defendant, at auction, a horse, a mare, a double wagon, drag and double harness, for the aggregate sum of $164.75, for which he gave to the defendant his promissory note, with two other persons as sureties, payable on the first of November, 1852, with interest. That on the sale of the mare, the defendant warranted her to be sound and eleven years old. That the plaintiff, confiding in the defendant’s representations, bid her off…
1Opinion of the CourtBy the Courts T. R. Strong, J.
It is not material to the decision of this case, whether the contract which is the basis of the action, is technically an accord for the satisfaction of a debt or claim, and insufficient for that purpose before its actual execution, or a mere ordinary contract for the sale and purchase of chattels, not belonging to the former class of contracts. In either, view it is valid; the mutual stipulations constituting a sufficient consideration; and it not being obnoxious in any other respect to legal objection. An accord unperformed, consisting of mutual promises, and thus having a new…
2Cases cited7 opinions
- Bement v. SmithNew York Supreme Court · 1836
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- Lamb v. LathropNew York Supreme Court · 1834
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