Barnes v. Perine
New York Supreme Court
This was an appeal by the defendant, to the general term, from the decision made by Justice Paige, at special term, and reported in 9th Barbour’s B.ep. p. 202.
1Opinion of the CourtWillard, P. J.
The statement of this case is correctly made in 9th Barbour, 202 et seq. I concur fully in the result at which Mr. Justice Paige arrived, and am for affirming the judgment. The opinion is well sustained by authority, and is a sound exposition of the law. I will add a few remarks on one branch of the case.
The subscription paper on which the action is founded, is not a contract within the statute of frauds. (2 R. S. 135, § 2.) There is therefore no statutory requirement that the consideration on which it was made should be expressed in the instrument itself; as a common law agreement, however,…
2Cases cited9 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Tobey v. BarberNew York Supreme Court · 1809
- Farley v. ClevelandNew York Supreme Court · 1825
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Utica & Schenectady Railroad v. BrinckerhoffNew York Supreme Court · 1839
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3Cited by3 opinions
- Long v. MorrisonIndiana Supreme Court · 1860
- Richardson v. MeadNew York Supreme Court · 1858
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