Kinney v. Winter

1 Edm. Sel. Cas. 109

Opinion

The Circuit Judge held that the agreement upon which the money had been deposited was without consideration and void (Millard v. Canfield, 5 Wend. 61), and that the plaintiff, was entitled to recover.

Verdict for plaintiff

Marvin, for plaintiff.

H. V. Cowles, for defendant.

[This case was carried to the Court of Appeals, where the foregoing principle was affirmed, but the judgment was reversed, and a new trial granted on another ground. 1 N. Y. Reports 365.]