Mather v. Perry
New York Supreme Court
Error to Cayuga C. P. Mather sued Perry before a justice; and on a trial by jury'the case was this: the defendant wanted one Hewitt to make some machine frames, and to pay Hewitt for them in lumber. Hewitt preferred being paid in goods out of the plaintiff’s store.
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Error to Cayuga C. P. Mather sued Perry before a justice; and on a trial by jury'the case was this: the defendant wanted one Hewitt to make some machine frames, and to pay Hewitt for them in lumber. Hewitt preferred being paid in goods out of the plaintiff’s store. The defendant and Hewitt then went to the plaintiff’s store, and it was there agreed between the three that Hewitt should, make the machine frames : that when the frames were made, the defendant should pay the plaintiff for making them in hemlock fence hoards; and that the plaintiff should pay Hewitt.for making the frames in goods.…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The defendant makes twc objections to the recovery before the justice—first, that his promise was without consideration; and second, that it was a promise to pay the debt of Hewitt, and void within the statute of frauds because it was not in writing.
So far as relates to consideration, the defendant’s undertaking can be supported upon two grounds ; first, as a case of mutual promises, where the undertaking of one party is the consideration for the undertaking of the other: and second, as the more simple case of a promise by the defendant to pay for services to' be…
2Cited by2 opinions
- Van Wagner v. TerrettNew York Supreme Court · 1858
- Stilwell v. OtisNew York Court of Common Pleas · 1858