Hamilton v. Gridley
New York Supreme Court
APPEAL from a judgment entered upon the report of referee, in favor of the plaintiff, for $1329.64 damages and costs. The complaint alleged that on the 20th of August, 1865, the defendant entered into an agreement, in consideration of certain undertakings and agreements on the part of the plaintiff therein expressed, to pay him, the plaintiff, the sum of $1000, as follows: $500 on or before- the expiration of 30 days; the remainder on or before the expiration of 60 days; all…
Read the full summary
APPEAL from a judgment entered upon the report of referee, in favor of the plaintiff, for $1329.64 damages and costs. The complaint alleged that on the 20th of August, 1865, the defendant entered into an agreement, in consideration of certain undertakings and agreements on the part of the plaintiff therein expressed, to pay him, the plaintiff, the sum of $1000, as follows: $500 on or before- the expiration of 30 days; the remainder on or before the expiration of 60 days; all of which would appear more fully by reference to said agreement in the plaintiff’s hands, to which the plaintiff…
1Opinion of the CourtMorgan, J.
It is conceded that by the laws of Pennsylvania, and under the decisions of the courts in that state, the original agreement between the parties was void, and could not be enforced, it having been executed" on Sunday. But the defendant resists the recovery in this action upon the grounds, (1.) That such a contract is incapable of ratification by a subsequent paroi agreement to perform it; and (2.) If it is capable of ratification, then the complaint should count upon the new agreement, and not upon the original contract.
It is certain that the recovery in this case depends upon the transaction…
2Cases cited2 opinions
- Adams v. GaySupreme Court of Vermont · 1847
- Goss v. WhitneySupreme Court of Vermont · 1855
3Cited by1 opinion
- Updike v. AbelNew York Supreme Court · 1871