Legal Opinion

Kellogg v. . Olmsted

New York Court of Appeals

Decided September 5, 1862PublishedCited by 19 opinions

1Opinion of the Court

I cannot avoid thinking that this case presents an ingenious attempt on the part of the appellants, to avoid the application of the well settled principle, that an agreement by a creditor to postpone the payment of a debt due, until a future day certain, in consideration of no other or further consideration than the agreement of the debtor to pay the debt with interest on that day, is void for want of consideration.

It has been decided over and over again, if the creditor whose debt is due, receives part payment of it, and in consideration of such payment, promises to postpone or extend the…

2Cases cited4 opinions

  1. Reynolds v. WardNew York Supreme Court · 1830
  2. Fulton v. MatthewsNew York Supreme Court · 1818
  3. Pabodie v. KingNew York Supreme Court · 1815
  4. Miller v. HolbrookNew York Supreme Court · 1828

3Cited by19 opinions

  1. Bier Pension Plan Trust v. Estate of SchneiersonNew York Court of Appeals · 1989
  2. Olmstead v. . LatimerNew York Court of Appeals · 1899
  3. Parmelee v. . ThompsonNew York Court of Appeals · 1871
  4. Federal Deposit Insurance v. HyerAppellate Division of the Supreme Court of the State of New York · 1979
  5. Cohan v. MovtadyDistrict Court, E.D. New York · 2010

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