Tryon v. Mooney

New York Supreme Court

Tryon v. Mooney

9 Johns. 358

CourtNew York Supreme Court

DecidedOctober 15, 1812

StatusPublished

Cited by1 cases

This text of 9 Johns. 358 (Tryon v. Mooney) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tryon v. Mooney, 9 Johns. 358 (N.Y. Super. Ct. 1812).

Pincite

Opinion

Per Curiam.

The parol agreement set up, by way of set-off, was without consideration, and, consequently, null and void. The interest in the farm, and the possession of it, and which included the right of pasture, was vested in the plaintiff by lease, under seal. An agreement that a party will not use his own pasture, in his own possession, without paying for it, requires a consideration as well as a promise in writing, to give it validity; and there does Hot appear to have been either. The evidence was, therefore, properly overruled.

Judgment affirmed.

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Per Curiam.

The parol agreement set up, by way of set-off, was without consideration, and, consequently, null and void. The interest in the farm, and the possession of it, and which included the right of pasture, was vested in the plaintiff by lease, under seal. An agreement that a party will not use his own pasture, in his own possession, without paying for it, requires a consideration as well as a promise in writing, to give it validity; and there does Hot appear to have been either. The evidence was, therefore, properly overruled.

Judgment affirmed.

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Bluebook (online)

9 Johns. 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tryon-v-mooney-nysupct-1812.

Opinion

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