Straus v. Cunningham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ferdinand Straus, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of August, 1912, denying the plaintiff’s motion for judgment on the pleadings and sustaining a demurrer to the complaint.
1Concurrence
Ingraham, P. J. (concurring):
I understand the law in this State to be well settled that the discharge of an indebtedness based upon a composition between a debtor and his creditors generally, the discharge having been voluntary, leaves no moral obligation on the part of the debtor sufficient to support a subsequent promise of payment of the. balance. (Stafford v. Bacon, 1 Hill, 532; Zoebisch v. von Minden, 47 Hun, 213; 120 N. Y. 406. See, also, note in 53 L. R. A. 363.) There is, therefore, no consideration for this promise alleged, unless the agreement between the plaintiff and defendant,…
2Cases cited4 opinions
- Hanover National Bank v. BlakeNew York Court of Appeals · 1894
- Zoebisch v. . Von MindenNew York Court of Appeals · 1890
- Taylor v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1903
- Taylor v. . HotchkissNew York Court of Appeals · 1904