Small v. Mott
Court for the Trial of Impeachments and Correction of Errors
Ebboe from the supreme court. Mott sued Small in an action of covenant on an agreement under seal, bearing date 14th April, 1834, whereby the defendant engaged to guarantee the payment of a note made by John D. Petrie and Adam Petrie, which had been transferred to the plaintiff by George H. Feeter, and who had guaranteed the payment thereof.
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Ebboe from the supreme court. Mott sued Small in an action of covenant on an agreement under seal, bearing date 14th April, 1834, whereby the defendant engaged to guarantee the payment of a note made by John D. Petrie and Adam Petrie, which had been transferred to the plaintiff by George H. Feeter, and who had guaranteed the payment thereof. The agreement purported to have been executed in consideration of the sum of one dollar paid to the defendant, but the true consideration was the release of Feeter so that he might be a witness to resist the defence of payment set up by the Petries in an…
1Opinion of the Court
After advisement the following opinion was delivered:
By the Chancellor.
The first if not the principal objection, which is urged by the counsel for the plaintiff in error against the judgment of the supreme court is, that the covenant upon which the suit was brought was void for maintenance. In answer to this, it is insisted by the counsel for the adverse party, that maintenance was not an of-fence at the common law, and that as the legislature has intentionally repealed all the statutory provisions on the subject, except as to the buying and selling of pretended titles to land, maintenance…
2Cited by10 opinions
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- Dunham v. PowersSupreme Court of Vermont · 1869
- Anderson v. AndersonCourt of Appeals of Georgia · 1913
- Houghton v. HumphriesWashington Supreme Court · 1915
- Wilmot v. RichardsonThe Superior Court of New York City · 1857
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