Shepherd v. Layton

Supreme Court of New Jersey

Shepherd v. Layton

3 N.J.L. 618

DecidedFebruary 15, 1810

StatusPublished

This text of 3 N.J.L. 618 (Shepherd v. Layton) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shepherd v. Layton, 3 N.J.L. 618 (N.J. 1810).

Pincite

Opinion

By the Court.

— There does not appear any consideration for the promise on which this action is founded; it is at best, a naked promise to warrant the plaintiff against a suit brought against him, by a third person; from a naked promise, no action arises; the consideration moving to the promise, must appear. It is true, that both the consideration and promise ought to have been in writing, but this may have been proved at the trial; but for the first reason,

Judgment must be reversed.

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By the Court.

— There does not appear any consideration for the promise on which this action is founded; it is at best, a naked promise to warrant the plaintiff against a suit brought against him, by a third person; from a naked promise, no action arises; the consideration moving to the promise, must appear. It is true, that both the consideration and promise ought to have been in writing, but this may have been proved at the trial; but for the first reason,

Judgment must be reversed.

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Bluebook (online)

3 N.J.L. 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepherd-v-layton-nj-1810.