Miller v. Drake
New York Supreme Court
Error on a certiorari from the ten pound court. ■ It appeared, from the justice’s return, that the plaintiff had agreed with the defendant to attend at a certain place, to receive a. conveyance of some land from the defendant And his wife, to one Bhoam. The proceedings below were by the present defendant, to recover damages for the now plaintiff’s non-attendance, according to his engagement.
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Error on a certiorari from the ten pound court. ■ It appeared, from the justice’s return, that the plaintiff had agreed with the defendant to attend at a certain place, to receive a. conveyance of some land from the defendant And his wife, to one Bhoam. The proceedings below were by the present defendant, to recover damages for the now plaintiff’s non-attendance, according to his engagement. The declaration stated, that the defendant “did, together with his wife, attend at the place appointed, ready prepared and offering to execute to the said Jacob Bhoam a conveyance, &c., according to the…
1Per curiam
The errors assigned, and relied upon by the plaintiff, are these:
1. That the action before the justice was founded on an agreement for the sale of lands, and it did not ap[*46] pear from the declaration that *there was any note in writing of that agreement: which was therefore void, by the statute of frauds.
2. That the promise by Miller was for the benefit of onr Bhoam, a third person ; and, therefore, without considera tian as to Miller; and for that reason, also void.
3. That there was no performance of the contract on the part of Drake ; it not being alleged that he offered a deed, executed,…
2Cited by14 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Williams v. HealeyNew York Supreme Court · 1846
- Stymets v. BrookNew York Supreme Court · 1833
- Levy v. RylandNevada Supreme Court · 1910
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