Cady v. Allen
New York Supreme Court
k PPEAL, by the defendants, from a judgment entered upon £A. the report of a referee. The complaint alleged that on the third day of February, 1849, at South Bristol, in the county of Ontario, the defendants made and executed and delivered to one John Van Buskirk a certain instrument in writing, bearing date on that day, in the words and figures following: “ South Bristol, Feb. 3d, 1849. Mr. John Van Buskirk, Sir: We do agree, for value received, to pay all claims against…
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k PPEAL, by the defendants, from a judgment entered upon £A. the report of a referee. The complaint alleged that on the third day of February, 1849, at South Bristol, in the county of Ontario, the defendants made and executed and delivered to one John Van Buskirk a certain instrument in writing, bearing date on that day, in the words and figures following: “ South Bristol, Feb. 3d, 1849. Mr. John Van Buskirk, Sir: We do agree, for value received, to pay all claims against the- house and lot that you bought of E. E. Lewis, deeded to him by Milo Gallaway and wife, that was against it at the…
1Opinion of the Court
By the Court, T. R. Strong, J.
It appears by the testimony of Lewis, who had, prior to the making of the contract upon which the action is founded, given a deed to Van Buskirk for the lot mentioned in the contract, with a covenant of warranty, that he drew the contract, and that it Was executed by the defendants, who were his general assignees in trust for the payment of his debts, at his request, without any benefit to themselves personally; that previous thereto Van Buskirk had made a claim upon him that he was bound to pay the judgment against the lot; and Van Buskirk testified that Lewis…
2Cases cited2 opinions
- In re NegusNew York Supreme Court · 1832
- Port v. JacksonNew York Supreme Court · 1819
3Cited by14 opinions
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Kelly v. RogersSupreme Court of Minnesota · 1874
- Stutsman County v. MansfieldSupreme Court Of The Territory Of Dakota · 1888
- Kaufman v. GordonNew York Supreme Court · 1960
- Adams v. SymonNew York Supreme Court · 1889
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