Legal Opinion

Cumming & Cumming v. Hackley & Fisher

New York Supreme Court

Decided August 15, 1811PublishedCited by 21 opinions

THIS was an action of assumpsit, for money paid by the plaintiff for the defendant. The cause was tried at New-York sittings in December, 1809, before Mr. Justice Yates. J The plaintiffs and defendants in 1803 and 1804, were, . . . ' respectively, partners in trade.

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THIS was an action of assumpsit, for money paid by the plaintiff for the defendant. The cause was tried at New-York sittings in December, 1809, before Mr. Justice Yates. J The plaintiffs and defendants in 1803 and 1804, were, . . . ' respectively, partners in trade. On the 1st of September, 1803, -the defendant Hackley made three promissory . . _ ^ . -- - w . notes, amounting together to 1,556 dollars and 71 cents, *n t^e partnership name of Hackley U Fisher, in favour t^e plaintiffs, and for -the purpose, as he alleged, of being endorsed by the plaintiffs to N. Laurence, in renewal of a note…

1Per curiam

The plaintiffs sue in an action of as*206sumpsit for money paid for the defendants, and the ques-1 _ J \ \ tion is, whether .giving a bond in discharge of the liabi2jty of the plaintiffs, as endorsors of two negotiable notes drawn by the defendants, is to be considered as a payment of money.

As between the parties to the bond, it may be sufficient to discharge the simple contract debt, because it is changing the security to one of a higher nature. (6 Johns. Rep. 90. 2 Johns. Cas. 198. 5 Tyng’s Rep. 26.) But is such a change of security the actual payment of money under this count ? In Taylor v.…

2Cases cited1 opinion

  1. Rankin v. BlackwellNew York Supreme Court · 1801

3Cited by21 opinions

  1. Ainslie v. WilsonNew York Supreme Court · 1827
  2. Jackson ex dem. Glover v. WinslowNew York Supreme Court · 1828
  3. Armstrong v. GarrowNew York Supreme Court · 1826
  4. Brundage v. . Village of Port ChesterNew York Court of Appeals · 1886
  5. Pitzer v. HarmonIndiana Supreme Court · 1846

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