Townsend v. Olin
New York Supreme Court
This was an action of assumpsit, tried at the Allegany circuit in May, 1828, before the Hon John Birdsall, one of the circuit judges. The declaration contained the common money counts.
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This was an action of assumpsit, tried at the Allegany circuit in May, 1828, before the Hon John Birdsall, one of the circuit judges. The declaration contained the common money counts. The plaintiff produced exemplifications of two judgments in his favor against Joseph Wilson, one for $134,16, and the 0(j]e¡. for $]35;87, and exemplifications of two writs of caP^as a& satisfaciendum issued on the same, on each of which appeared a return, signed by the defendant as one of the coroners of the county of Allegany, in these words : “ Received in full the amount of the within ca. sa. and my fees,…
1Opinion of the Court
By the Court,
Marcy, J.
The special directions of the plaintiff, alluded to in the returns, must be considered as referring to the negotiation as to taking notes in satisfaction of the executions, and not to the ordinary instructions to the officer endorsed on a ca. sa. The arrangement to receive the notes was broken off, and though they were received, it is contended by the defendant they were not received in pursuance of the arrangement, or in satisfaction of the executions,1 but for his indemnity for the escape.
The evidence offered by the defendant, the rejection of which he now complains…
2Cases cited1 opinion
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
3Cited by10 opinions
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- Ansonia Brass Co. v. ConnerNew York Court of Common Pleas · 1881
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