4 Johns. 280 | N.Y. Sup. Ct. | 1809
The fourth objection to the first count is fatal. It is essential in every action on a promise, to state a consideration. The defendant is, therefore, entitled to a
Judgment accordingly.
See 2 Saund. 122. a. In a recent work on pleadings, by Chitty (p. 377.) it is laid down, on the authority of the case in Saunders and several others, that several distinct debts or contracts may be included in one count of this description, and the plaintiff will succeed, pro tantos though he only prove one of such contracts; for if the defendant be indebted for any one cause, it is a sufficient consideration for the promise (which the law raises) of the defendant to pay the money. Serjeant Williams recommends the practice of including the common counts in one count, as was done in this case, in order to avoid an useless prolixity in the pleadings, and unnecessary expense, 2 Saund. 122 a. n. 2. Cro. Jac. 245. Yelv. 175. 1 Brownl. Ent. 71. 2 Black Rep 910. Bunb. 262. Impey's Mod. Plead. 207. 234. 271.