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9 Johns. 358

Tryon v. Mooney

New York Supreme Court

Decided October 15, 1812

New York Supreme Court · decided 1812-10-15

IN ERROR, on certiorari, from a justice’s court. Mooney sued Tryon, before the justice, on a due bill, given for wheat, for twenty-three dollars.

Cited by 1 later decisions — most recently June 1894

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1812-10-15

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Per Curiam.

¶1The 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.

¶2Judgment affirmed.

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