L'Amoreux v. . Gould
New York Court of Appeals
Appeal from the general term of the Supreme Court, where a judgment had been entered in favor of the plaintiff, upon the report of a referee. This an action of assumpsit upon a special contract in writing between the parties, bearing date the 26th August 1841. The plaintiff was an indorser upon five promissory notes made by J. Woodward, amounting to $1140. On the 26th August 1841, two of them were over-due, and the others were running to maturity.
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Appeal from the general term of the Supreme Court, where a judgment had been entered in favor of the plaintiff, upon the report of a referee. This an action of assumpsit upon a special contract in writing between the parties, bearing date the 26th August 1841. The plaintiff was an indorser upon five promissory notes made by J. Woodward, amounting to $1140. On the 26th August 1841, two of them were over-due, and the others were running to maturity. The defendant held, as trustee, a judgment confessed by Woodward to secure certain creditors, and among others, the plaintiff, as indorser. On that…
1Opinion of the CourtEdmonds, J.
The only question to be determined is, whether there was such a want of mutuality between the parties, that there was, in fact, no cause of action.
The proposition is stated by Chitty as broadly as the defendant’s counsel claims it, that if the one party never was bound on his part to do the act which forms the consideration for the promise of the other, the agreement is void for want of mutuality (Chitty Cont. 15); but the proposition is too broadly stated. It is confined to those cases where the want of mutuality would leave one party without a valid or available consideration for his…
2Cases cited5 opinions
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- White v. . BaxterNew York Court of Appeals · 1877
- Barnes v. PerineNew York Supreme Court · 1850
- Hammond v. ShepardNew York Supreme Court · 1865
- Sanders v. GillespieNew York Supreme Court · 1873
3Cited by36 opinions
- Todd v. . WeberNew York Court of Appeals · 1884
- Plumb v. CampbellIllinois Supreme Court · 1888
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- In re the Arbitration between Riccardi & Modern Silver Linen Supply Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
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