6 Johns. 194
Decided August 15, 1810
New York Supreme Court · decided 1810-08-15
IN error, on certiorari, from the iustice’s court, in ^ ' NeW-'Tork. The return stated, that Ward sued Doolin, by warrant, and declared against him, for a breach of contract, to his damage 50 dollars. Doolin pleaded the general issue with notice of a set-off. Upon the trial Ward pro- ’ r f yed, that on the 10th day of July, 1809, certain articles .
Good law ✅— No negative treatment on recordhow we know
Decided 1810-08-15
Cited by 22 later decisions — most recently June 1946
2 federal appellate · 16 state decisions — followed in 12 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The contract declared on was without consideration and void. It was also against public policy, and tended injuriously to affect the character and the value of sales at auction. The judgment below must be reversed.
¶2Van Ness, J. said he concurred in the opinion of the court on the single point, that this was a nudum pactum.
¶3Judgment reversed.