Mott v. Small
New York Supreme Court
This was an action of covenant, tried at the Herkimer circuit, in November, 1837, before the Hon. John Willard, one of the circuit judges.
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This was an action of covenant, tried at the Herkimer circuit, in November, 1837, before the Hon. John Willard, one of the circuit judges. George H. Feeter having transferred to the plaintiff a promissory note made by John D. Petrie and Adam Petrie, for the sum of $313.23, payable with interest, bearing date,28th January, 1833, and having guaranteed the payment thereof, the plaintiff commenced a suit against John D. Petrie (the other maker having died) for the recovery of the note. When the cause was ready for trial, it was found necessary in order to resist a defence of payment set up by the…
1Opinion of the Court
This case was kept under advisement until this term, when the following opinion was delivered :
By the Court, Cowen, J.
Several grounds are taken in the bill of exceptions, which were all overruled as frivolous at the May term, except the single one that the covenant was given for unlawful maintenance. That objection certainly would not have occurred to us, and I think we should have overruled it also, without argument, had it not been for what was said by Bayley, J. in Bell v. Smith, 7 Dowl. & Ryl. 846, 854; 5 Barn. & Cress. 188, S. C. and S. P.
The case of Bell v. Smith was an action against…
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