Adams v. Willoughby
New York Supreme Court
THIS was an action of covenant. The declaration . Stated, that on the 11th August, 1806, Josiah Fuller was indebted to the plaintiff in 102 dollars and 29 cents, on the settlement of accounts, with interest to 13 dollars ; and in four notes, all amounting to 88 dollars and 25 cents principal, and 14 dollars and 87 cents interest; also, on an unliquidated account, amounting to 68 dollars and . - 6 cents ; also on a receipt for moneys of Charles Seldon IF Co. for Í25 dollars…
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THIS was an action of covenant. The declaration . Stated, that on the 11th August, 1806, Josiah Fuller was indebted to the plaintiff in 102 dollars and 29 cents, on the settlement of accounts, with interest to 13 dollars ; and in four notes, all amounting to 88 dollars and 25 cents principal, and 14 dollars and 87 cents interest; also, on an unliquidated account, amounting to 68 dollars and . - 6 cents ; also on a receipt for moneys of Charles Seldon IF Co. for Í25 dollars principal, and 1 dollar and 80 cents interest, which unliquidated account was composed of the various items which were…
1Per curiam
The instrument upon which the suit is brought is miserably defective in precision, and it is not easy to apprehend clearly its meaning. The only liquidated sum, at the date of the covenant, was the 102 dollars and 29 cents. The goods were pledged to the plaintiff for moneys owing, and for services thereafter to be performed, but how much was Owing does not appear. All the unliquidated accounts and demands were,, *67iby agreement of the parties, referred to three arbitrators, to be liquidated and ascertained ; and the defendant was to pay such sum as they should adjudge to be due. This is the…
2Cited by6 opinions
- Morris v. BurkeMontana Supreme Court · 1895
- Milnes v. VanhornIndiana Supreme Court · 1846
- Gibbs v. Continental InsuranceNew York Supreme Court · 1878
- Hendrickson v. Pennsylvania RailroadSupreme Court of New Jersey · 1881
- Seward v. City of RochesterNew York Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.