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7 Johns. 341

Maigley v. Hauer

New York Supreme Court

Decided February 15, 1811

New York Supreme Court · decided 1811-02-15

IN error, on certiorari, from a justice’s court. The return stated, that, on the 25th of February, 2809, in Columbia county, Hauer sued Maigley by summons.

Good law ✅— No negative treatment on recordhow we know

Decided 1811-02-15

How this case has been cited

Cited by 7 later decisions — most recently June 1895

5 state decisions

20181118201830184018501860187018801890decided

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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Per Curiam.

¶1It is a settled rule, that where the consideration is expressly stated in a deed, and it is not said also, ánd for other considerations, you cannot enter into proof of any other, for that would be contrary to the deed. This was so decided by this court in Schermerhorn v. Vanderheyden, (1 Johns. Rep. 139.) and again in Howes v. Barker, (3 Johns. Rep. 506.) The same rule prevails in equity according to the cases of Clarkson v. Hanway, (2 P. Wms. 203.) and of Peacock v. Monk, (1 Vesey, 127.) and the remedy for the party, if the deed be contrary to the truth of the case,' is by seeking relief in equity against the deed, on the ground of fraud or mistake, as was intimated in the case of *343Howes v. Barker; and as was adopted in the case of Filmer v. Gott, (7 Bro. P. C. 70.)

¶2If the proof as to the consideration arising from the sale of the farm be put out of view, there was no consideration at all for the promise to maintain the defendant in error. It was a mere nudum pactum, and the verdict in each cause was contrary to law, and the judgment in each cause must be reversed.

¶3Judgment reversed.

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