Morgan v. Butterfield
Michigan Supreme Court
Error to Oakland Circuit. This was an action of asBumpsit brought by Morgan, tke payee, against Butterfield, • as the maker of .two promissory notes, to the amount of $968 19, dated in 1846, and each payable four months- from date.
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Error to Oakland Circuit. This was an action of asBumpsit brought by Morgan, tke payee, against Butterfield, • as the maker of .two promissory notes, to the amount of $968 19, dated in 1846, and each payable four months- from date. The defendant pleaded in abatement, that in 1848, by a certain article of agreement in writing, the plaintiff, in consideration that the defendant would assign to him as collateral security to said notes, a certain policy of insurance on which the defendant claimed that he had sustained a loss of $1,300, agreed that he would not prosecute the. notes until he had…
1Opinion of the Court
By the Court,
Douglass, J.
It has. been repeatedly held- that a covenant not to sue for a limited time for a right resting in contract, (and of course a covenant not to sue until certain acts done rests upon the principle,) is no defence to an action brought before the time espires, but merely gives a claim for damages in case of its breach. (Deux vs. Jeffries, Cro. Eliz. 352; Aloff vs. Scrimshaw, 2 Salk. 573; S. C. Carth. 63; Thumbleby vs. Barron, 3 M. &. W. 210; Ford vs. Beech, 11 Ad. & Ell. N. S. 852; Chandler vs. Herrick, 19 J. R. 129; Winans vs. Huston, 6 Wend. 471; Perkins vs. Gilman, 8…
2Cases cited6 opinions
- Mead v. DegolyerNew York Supreme Court · 1837
- Mendenhall v. LenwellIndiana Supreme Court · 1839
- Bailey v. JohnsonNew York Supreme Court · 1828
- Winans v. HustonNew York Supreme Court · 1831
- Barnes v. HenshawNew York Supreme Court · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cook v. City Transport Corp.Michigan Supreme Court · 1935
- Brown v. CoddingtonNew York Supreme Court · 1893
- Cook v. City Transport Corp.Michigan Supreme Court · 1935
- Theophelis v. Lansing General HospitalMichigan Supreme Court · 1988
- Theophelis v. Lansing General HospitalMichigan Supreme Court · 1988