Beekman v. Hale
New York Supreme Court
THIS was an action of assumpsit, tried at the Albany circuit, in October, 1818, before Mr. Justice Spencer. The first count in the declaration stated, that the plaintiff and Walsh were partners in trade, in October, 1815, under the firm of Dudley Walsh 8f Co., and that Joshua Lovejoy and James Hale were also partners in trade, under the firm of Lovejoy &f Hale, and were indebted to D. W, & Co., in the sum of 1,234 dollars and 8 cents ; that, in consideration of the premises,…
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THIS was an action of assumpsit, tried at the Albany circuit, in October, 1818, before Mr. Justice Spencer. The first count in the declaration stated, that the plaintiff and Walsh were partners in trade, in October, 1815, under the firm of Dudley Walsh 8f Co., and that Joshua Lovejoy and James Hale were also partners in trade, under the firm of Lovejoy &f Hale, and were indebted to D. W, & Co., in the sum of 1,234 dollars and 8 cents ; that, in consideration of the premises, and that D. W. & Co., at the special instance and request of the defendant, would forbear, and give time to the said L.…
1Opinion of the Court
Spencer, Ch, J.,
delivered the opinion of the court. I do not perceive how this case can be distinguished from that of Stafford 'and others v. Low, (16 Johns. Rep. 67.) The, alleged guaranty here is, “ I wish you to show him (James Hale) some lenity, as much as you think proper, for the collection of it from Mr. Lovejoy, and I will, if you please, stand responsible for the payment, at the time you and James may agree on.” The letter from which this extract is taken bears date the 3d of October, 1815, at which time J. II, &f J. L. were partners in trade. The letter is directed to Dudley Walsh,…
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