Ford v. Adams
New York Supreme Court
Demurrer to declaration. The declaration stated that one Jacob Schyer, on the 28th of March, 1844, “being indebted to the plaintiff, made his certain order in writing and directed to the defendant, to deliver to the plaintiff or bearer forty cords of merchantable beech wood, and twenty cords of merchantable birch wood, and then and there delivered the said order to the plaintiff, and the defendant being indebted to the said Jacob Schyer in a large sum of money, then and…
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Demurrer to declaration. The declaration stated that one Jacob Schyer, on the 28th of March, 1844, “being indebted to the plaintiff, made his certain order in writing and directed to the defendant, to deliver to the plaintiff or bearer forty cords of merchantable beech wood, and twenty cords of merchantable birch wood, and then and there delivered the said order to the plaintiff, and the defendant being indebted to the said Jacob Schyer in a large sum of money, then and there, in consideration thereof, accepted the said order in writing upon said order, and promised to deliver said wood…
1Opinion of the Court
By the Court, Cady, P. J.
The defendant’s acceptance of the order, and his promise as stated in the declaration, were *351without any consideration, and therefore void. This case cannot be likened to one where a debt due upon a bond, or any other contract not negotiable, has been assigned, and the debtor makes an express promise to pay. In such a case the assignee can in his own name, in a court of equity, compel the payment of the debt. The debtor, in such a case, is under a moral and equitable obligation to pay the,debt to the assignee; and that obligation is a sufficient consideration for his…
2Cases cited1 opinion
- Brown v. NyeMassachusetts Supreme Judicial Court · 1815
3Cited by6 opinions
- J. R. Tysen & Co. v. SomervilleSupreme Court of Florida · 1895
- Hernandez v. StilwellNew York Court of Common Pleas · 1878
- Woodruff v. HenselColorado Court of Appeals · 1894
- Krakauer v. HardmanNew York Marine Court · 1876
- Sears v. LawrenceMassachusetts Supreme Judicial Court · 1860
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