Shaw v. Ayrs
4 Cow. 52
N.Y. Sup. Ct.
1825
Check Treatment
Curia.

Here is no averment of delivery, or of an offer to deliver the goods and notes; and a question of law may very well arise upon the proof, whether the contract in question was such as to bind the defendants, without any farther act or consideration than a mere promise to deliver the goods. It is sworn that this question will arise, and the manner in which it may arise” sufficiently appears from the declaration and affidavit.

Motion denied.