Leonard v. Vredenburgh
New York Supreme Court
THIS was an action of assumpsit. The declaration contained the usual money counts, the common counts for goods sold and delivered, a count upon a promissory note, and a special count on the following instrument in writing : “ November 9, 1808. For value received, I promise to pay Norman Leonard five hundred dollars, in r J • sixty days from date, per me, Moses Johnson. “ I guaranty the above. Win. I. Vredenburgh."
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THIS was an action of assumpsit. The declaration contained the usual money counts, the common counts for goods sold and delivered, a count upon a promissory note, and a special count on the following instrument in writing : “ November 9, 1808. For value received, I promise to pay Norman Leonard five hundred dollars, in r J • sixty days from date, per me, Moses Johnson. “ I guaranty the above. Win. I. Vredenburgh." Plea, non ° , assumpsit. ' The cause was tried at the Onondaga circuit, before the Chief Justice, on the 5th June, 1810. At the trial, the plaintiff proved goods sold and delivered…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The testimony offered at the trial was rejected, because the consideration for the promise was not stated in the writing produced. The case appeared to me then to be governed by the decision in Wain v. Warlters, (5 East, 10.) which was recognised by this court, in Sears v. Brinks; (3. Johns. Rep. 210.) but upon better rejection, I now think that the plaintiff ought to have recovered upon that contract.
There is no doubt that this was a collateral undertaking, within the purview of the statute of frauds; for Johnson’s note is conclusive proof that…
2Cited by133 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Barker v. BucklinNew York Supreme Court · 1846
- White v. . RintoulNew York Court of Appeals · 1888
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Farley v. ClevelandNew York Supreme Court · 1825
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