Legal Opinion

Morgan v. Butterfield

Michigan Supreme Court

Decided January 15, 1855PublishedCited by 5 opinions

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

  1. Mead v. DegolyerNew York Supreme Court · 1837
  2. Mendenhall v. LenwellIndiana Supreme Court · 1839
  3. Bailey v. JohnsonNew York Supreme Court · 1828
  4. Winans v. HustonNew York Supreme Court · 1831
  5. Barnes v. HenshawNew York Supreme Court · 1839

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cook v. City Transport Corp.Michigan Supreme Court · 1935
  2. Brown v. CoddingtonNew York Supreme Court · 1893
  3. Cook v. City Transport Corp.Michigan Supreme Court · 1935
  4. Theophelis v. Lansing General HospitalMichigan Supreme Court · 1988
  5. Theophelis v. Lansing General HospitalMichigan Supreme Court · 1988

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