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Contracts Keyed to Epstein
Lawrence v. Fox
Citation:
20 N.Y. 268 (1859)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
By the evidence of a bystander, in November 1857, one Holly, at the request of the defendant, loaned and advanced to him $300, stating at the time that owed that sum to the plaintiff for money borrowed of him, and had agreed to pay it to him next day. The defendant, at the time of receiving the money, promised to pay it to the plaintiff next day. Upon this state of facts, the defendant moved for a nonsuit, upon three grounds: that there was no proof tending to show that Holly was indebted to the plaintiff; that the agreement by the defendant with Holly to pay the plaintiff was void for lack of consideration; and that there was no privity between the plaintiff and defendant.
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