Vrooman v. Phelps
Vrooman v. Phelps
Opinion of the Court
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, »
Reference
- Full Case Name
- Vrooman against Phelps