2 Johns. 177 | N.Y. Sup. Ct. | 1807
delivered the opinion of the court. The only question is, whether the demurrer to the plea is well taken. No authorities were cited upon the argument to show that a specialty could be invalidated for any other cause than the illegality of the consideration, which makes
Judgment for the plaintiff.
Dorlan v. Sammis. This case came before the court on a writ of error from the court of common pleas, in Queen's county. It was on an action of debt on a common bond. Under the plea of the general issue, the defendant gave notice that he would offer in evidence on the trial, that the bond, mentioned in the declaration; was given for the price of a negro woman, claimed by the plaintiff to be hi? slave, and sold to the defendant as a slave; but in fact, the negro woman was then free, and not the property of the plaintiff. The court below refused to admit the evidence, and a bill of exceptions was taken by the defendant.
C. I. Bogart, for the plaintiff in "error.-"
S. Jones,'yin. contra.
Per Curiam,. The question is, Gan a defendant in a court of law, get rid of a bond given upon the sale of a chattel, on the ground of a failure of consideration ? There is no allegation that the plaintiff sold the chat-te\ fraudulently, and knowing that he had no title. There is no case in which a hondean be set aside, but where the, consideration was void in law, or where there was fraud. A mere failure of consideration is no defence at law.
Judgment affirmed.
Surely a mere failure oj consideration can have its origin in fraud, and frequently betrays the odiousness of fraud in as pernicious a point, of view, as the most manifest acts of deception at the period of negociation, »