Nature of the Case
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Facts
A bull escaped, and it wandered onto P's property. P made inquiries in order to ascertain who the owner was, but he did not comply with all the statutory requirements. P advertised said bull as an estray by posting up three notices in the town of Pittsford, where the bull was taken up; but no notice was published in a newspaper, although three were published in the county, nor was any copy left at the town clerk's office. P eventually learned who the owner was, D, and he contacted D. D stated that he would pay for the keeping of the bull, but he did not take the bull. The bull stayed with the P until D came and retrieved it. D made another promise to pay and a note for the amount due, but P did not accept the note. P told D to leave that amount with another for P’s benefit; D assented. D never did pay. P sued to recover the monies for keeping the bull. D asserted that the consideration for the promise to pay was insufficient because it was past consideration. The trial court ruled for P and D appealed.
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