17 Johns. 301 | N.Y. Sup. Ct. | 1820
The consideration of a promissory note, as between the original parties themselves, may be inquired into; and if there is no consideration for the promise, it is nudum pactum, and cannot be enforced at law. (Pearson v. Pearson, 7 Johns. Rep. 26. Ten Eyck v. Vanderpool, 8 Johns. Rep. 120. Rann v. Hughes, 7 Term Rep. 350. note. S. C. 4 Bro. P. C. 27. 2d ed. by Tomlins.) In the case of Rann v. Hughes, Baron Skynner, who delivered the very able and lucid opinion in the House of Lords, savs, “ It is undoubtedly true, that
The defendants in this case were executors, and the note they gave was a mode adopted, by the mutual agreement of the parties, to submit their difference with the plaintiff, as to the matters of account between him and their testator, to arbitration. In Pearson v. Henry, (5 Term Rep. 6.) it was decided, that a submission to an award, by an administrator, was not an admission of assets; and the case of Barry v. Rush was held to be clearly distinguishable; as to that case, the defendant gave a bond, by which he bound himself, his heirs, executors, and administrators, in broad terms, to pay whatever should be awarded, without any regard to assets,
We are of opinion, that the judgment of the court below ought to be affirmed.
Judgment affirmed.
Vide Worthington v. Barlow, 7 Term. Rep. 453.