Herter v. Goss & Edsall Co.
Supreme Court of New Jersey
On error to the Hudson Circuit Court. Upon the trial it appeared that one George J. Carey, a contractor, on March 2d, 1892, entered into a written contract with the defendant in this action, the plaintiff in error, as owner, to furnish the materials therefor and perform the masonwork of a house on the corner of Eldridge and Delancey streets, in the city of New York, in accordance with the contract and agreeably to the plans and specifications thereto' annexed.
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On error to the Hudson Circuit Court. Upon the trial it appeared that one George J. Carey, a contractor, on March 2d, 1892, entered into a written contract with the defendant in this action, the plaintiff in error, as owner, to furnish the materials therefor and perform the masonwork of a house on the corner of Eldridge and Delancey streets, in the city of New York, in accordance with the contract and agreeably to the plans and specifications thereto' annexed. Carey agreed to finish the work on or before October 2d, 1892, for the sum of $17,000, to be paid to him by the defendant in eight…
1Opinion of the Court
The opinion of the court was delivered by
Lippincott, J.
The first objection made to recovery here is that this order and acceptance was without consideration. This was made an objection upon argument and in briefs of counsel. The undisputed facts show that Carey was indebted to the plaintiff at the time the order was given, in the amount therein named, which indebtedness was already due and payable, and so recognized by the defendant. Such indebtedness was a good consideration, as between the drawer and drawee, for the order upon the defendant in favor of the plaintiff. If the draft and…
2Cases cited9 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Murphy v. . BuckmanNew York Court of Appeals · 1876
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3Cited by2 opinions
- Hall v. . JonesSupreme Court of North Carolina · 1909
- McMurray v. Sisters of Charity of St. ElizabethSupreme Court of New Jersey · 1902