Goodale v. Holridge
New York Supreme Court
■ FROM the return to the certiorari in this cause, it appeared that the plaintiff in the court below declared against the defendant below, upon a promise made to him by the defendant, who was a constable, that if the plaintiff, against whom he had several executions issued from a justice’s court, would deliver property to the defendant, as security for the payment of the executions, the defendant would wait thirty days before he sold the property; but the defendant, in…
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■ FROM the return to the certiorari in this cause, it appeared that the plaintiff in the court below declared against the defendant below, upon a promise made to him by the defendant, who was a constable, that if the plaintiff, against whom he had several executions issued from a justice’s court, would deliver property to the defendant, as security for the payment of the executions, the defendant would wait thirty days before he sold the property; but the defendant, in violation of his promise, sold the property before the expiration of thirty days. contended, that the promise made by the…
1Opinion of the Court
Per Curiam,.
The promise declared upon in the court below was without consideration, and void, (a)
Judgment reversed.
Also iu the case of a plaintiff against a constable for not returning an execution, if an execution be renewed on the constable’s responsibility before ifc'has been out, such engagement of the constable is nudum, pactum, and void. Homan v. Liswell, 6 Cow. 559
2Cases cited1 opinion
- Ex parte VermilyeaNew York Supreme Court · 1826
3Cited by3 opinions
- McMurray v. McMurrayNew York Supreme Court · 1870
- Perkins v. ProudNew York Supreme Court · 1862
- Ray v. McDevittMichigan Supreme Court · 1901