Gould v. Banks & Gould
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in October, 1829, before the Hon. William A. Duer, then one of the circuit judges.
Read the full summary
This was an action of assumpsit, tried at the New-York circuit in October, 1829, before the Hon. William A. Duer, then one of the circuit judges. The plaintiff declared on a special contract, stating that hé and the defendants, being owners in common of the copy right of the eighth and ninth volumes of Johnson’s Reports, the plaintiff owning one moiety and the defendants the other moiety of the same, and that he, the plaintiff, being possessed of notes or annotations upon the eighth volume of the said reports, prepared by T. Day, Esq., it was, on the 1st November, 1819, agreed, by and between…
1Opinion of the Court
By the Court, Nelson, J.
The idea that the agreement in relation to the edition of Phillips’ Evidence was void for want of consideration, is certainly erroneous. There is nothing in the subject matter of that agreement, requiring it to be in writing. The promise of the plaintiff was a good consideration for the promise of the defendants. It is a case of mutual concurrent promise, binding upon both parties. 1 Chitty, 298. That the transfer of the plaintiff’s interest in the copy-right, which is the consideration for the performance of the defendants’ promise, must be in writing to be valid and…
2Cited by30 opinions
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Hicks v. GuinnessSupreme Court of the United States · 1925
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Sokoloff v. National City BankNew York Supreme Court · 1927
- Ault v. DustinTennessee Supreme Court · 1898
25 more not listed; retrieve them via the Exa API.