Holmes v. Weed
New York Supreme Court
THIS was an appeal by the plaintiff from a judgment entered upon the report of a referee. The complaint alleged that some time previous to the 23d of November, 1844, the plaintiff had entered into a contract with the postmaster general of the United States, by which the plaintiff had bound himself, for a certain consideration to be paid to him, to convey the United States mail three times a week from Geneseo, in the county of Livingston, to Ellicottville, in the county of…
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THIS was an appeal by the plaintiff from a judgment entered upon the report of a referee. The complaint alleged that some time previous to the 23d of November, 1844, the plaintiff had entered into a contract with the postmaster general of the United States, by which the plaintiff had bound himself, for a certain consideration to be paid to him, to convey the United States mail three times a week from Geneseo, in the county of Livingston, to Ellicottville, in the county of Cattaraugus, and from Bllicottville to Geneseo; that previous to the said 23d day of November, 1844, the plaintiff had…
1Opinion of the Court
By the Court,
Johnson, J.
Upon the facts found by the referee I am clearly of opinion that he erred in bis conclusions of law, and that the action was properly brought. The promise upon which the action was founded was in writing, and upon a good consideration upon its face. By the agreement, the defendant undertook with the plaintiff to pay to the two Walkers and Hovey, for carrying the mail over the route, designated in the contract between the plaintiff .and the post office department, according to the agreement between the plaintiff and the Walkers and Hovey for performing that service.…
2Cited by5 opinions
- Jarvis v. SewallNew York Supreme Court · 1863
- Holmes v. WeedNew York Supreme Court · 1857
- Clark v. . DickinsonNew York Court of Appeals · 1878
- Collins v. ScannellNew York Supreme Court · 1917
- Dubois v. HermanceNew York Supreme Court · 1873