Walker v. Johnson — 7 Hill & Den. 387

Majority

p. 387

Walker vs. Johnson.

Headnote

Where the defendant, in 1840, agreed to pay the plaintiff $1000, in consideration that the latter, who had built a log cabin in the city of New-York, would keep it open for the accommodation of political meetings, to further the success of certain persons nominated for members of congress &c.; held, that the agreement was contrary to 1 jR. N. 150, § 6, and could not be enforced.

On error from the supreme court. For a report of the case in that court, together with the opinion there delivered, see 5 Hill, 27 et seq.

S. Sherwood, for the plaintiff in error.

S. Stevens, for the defendant in error.

delivered opinions in favor of affirming the judgment of the supreme court, and Senators Bockee, Clark, Jones, Rhoades and Wright, in favor of reversing it. And

On the question being put “ Shall this judgment be reversed?” the members of the court voted as follows:

For reversal: Senators Backus, Bockee, Burnham, Clark, Faulkner, Johnson, Jones, Platt, Rhoades, Scott and Wright—11.

p. 388

For affirmance: The Chancellor and Senators Bart-lit, Denniston, Lawrence, Lester, Lott, Mitchell, Putnam, Smith, Strong and Works—11.

Judgment affirmed.