Culver v. . Sisson
New York Court of Appeals
Appeal from the supreme court, where the action was debt brought by Culver against Sisson. The declaration set forth in substance that on,
1Opinion of the CourtHurlbut, J.
It is contended on the part of the defendant, that the instrument declared upon contains neither an acknowledgment of indebtedness on his part, nor any express covenant or agreement to pay money, without one or the other of which this action cannot be maintained.
It is clear that the instrument set forth contains no express covenant to pay money, and this case must therefore fall within the principle determined in Briscoe v. King,(Cro. Jac. 281;) Suffield v. Baskeroil, (2 Mod. R. 36;) Smith v. Stewart, (6 Blackf 162;) Scott v. Field, (7 Watts. 360;) Drummonds. Richards, (2 Munf. 337;)…
2Cases cited2 opinions
- Elder v. RouseNew York Supreme Court · 1836
- Salisbury v. PhilipsNew York Supreme Court · 1813
3Cited by12 opinions
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- Coleman v. RensselaerNew York Supreme Court · 1873
- Marston v. DentonArizona Supreme Court · 1943
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