Chandler v. Herrick
New York Supreme Court
THIS was "an action of debt on a bond, dated April 22, 1816, for 3,000 dollars, conditioned to pay the sum of 1,500 dollars and interest, annually, in the manner following, viz. 100 dollars and interest on the whole sum of 1,500 dollars, in one year; 300 dollars, and interest on the whole, (that is, the principal due,) in two years ; 300 dollars and interest on the whole, in 3 years, 300 dollars and interest on the 7 v 7 e whole in 4 years, and 500 dollars and interest on…
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THIS was "an action of debt on a bond, dated April 22, 1816, for 3,000 dollars, conditioned to pay the sum of 1,500 dollars and interest, annually, in the manner following, viz. 100 dollars and interest on the whole sum of 1,500 dollars, in one year; 300 dollars, and interest on the whole, (that is, the principal due,) in two years ; 300 dollars and interest on the whole, in 3 years, 300 dollars and interest on the 7 v 7 e whole in 4 years, and 500 dollars and interest on the whole, » * in 5 years. The plaintiff averred that 100 dollars, and the • , >11/. • i , interest on the whole for a…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The only inquiry in this case, is, whether the pleas, or either of them, are sustainable. The replications are admitted to be bad. The first question is, whether the agreement of the 15th of April, 1819, extended the time of payment as stipulated in the condition of the bond; and, if so, whether such agreement can be pleaded in bar. The only thing said about the bond now in suit, in the agreement, is, that two-thirds of the value of the hops delivered in any one year, should be endorsed on the bond, until the same was paid. It is mere matter…
2Cited by10 opinions
- Morehouse v. . Second Nat'l B'k of OswegoNew York Court of Appeals · 1885
- Mendenhall v. LenwellIndiana Supreme Court · 1839
- Millett v. HayfordWisconsin Supreme Court · 1853
- Brown v. CoddingtonNew York Supreme Court · 1893
- Ramot v. SchotenfelsSupreme Court of Iowa · 1863
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