McClellan v. Anthony
New York Circuit Court
Assumpsit for the amount of an order drawn by Davis on the defendant, in favor of the plaintiff, and accepted by the defendant. The declaration contained the usual money counts. On the trial the plaintiff’s counsel proved the following order: “New York, December 3, 1842. “Mr. William McClellan— “Please pay Theophilus Anthony, or order, five hundred dollars, to be deducted from my last payment on contract of houses now building in Cliff street for you. “URIAH DAVIS.”
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Assumpsit for the amount of an order drawn by Davis on the defendant, in favor of the plaintiff, and accepted by the defendant. The declaration contained the usual money counts. On the trial the plaintiff’s counsel proved the following order: “New York, December 3, 1842. “Mr. William McClellan— “Please pay Theophilus Anthony, or order, five hundred dollars, to be deducted from my last payment on contract of houses now building in Cliff street for you. “URIAH DAVIS.” The defendant’s acceptance was written across the order in the following words: “ Accepted, Wm. W. McClellan.” The contract…
1Opinion of the Court
The Circuit Judge:
The promise of the defendant is an absolute one to pay to plaintiff $500. The direction in the order for defendant to deduct it from Davis’s last payment on his contract, may fix the time when it is to be paid, and shows a sufficient consideration for the promise, but cannot justly, according to the terms of the order, be regarded as a condition to the promise. But even if it were a condition, it has been performed, and the promise became absolute before suit brought.
The work done by Davis for defendant, constituted a valid consideration for the promise, and the case then…
2Cases cited1 opinion
- Rockfeller v. RobinsonNew York Supreme Court · 1837