Watson v. Randall
New York Supreme Court
Error, from the Tompkins common pleas. Randall sued Watson in a justice’s court on a promise made by him, that if the plaintiff would not sue Mrs. Thomas, the mother of the defendant, for the recovery of a debt which she owed to him-, that he would pay the debt by a certain day.
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Error, from the Tompkins common pleas. Randall sued Watson in a justice’s court on a promise made by him, that if the plaintiff would not sue Mrs. Thomas, the mother of the defendant, for the recovery of a debt which she owed to him-, that he would pay the debt by a certain day. At the time of the making of the promise, the plaintiff threatened to proceed against the mother of the defendant by attachment, having been informed that she had absconded, and that "property belonging to her was in the possession of the defendant. The plaintiff being a nonresident, a short summons was issued, which…
1Opinion of the Court
By the Court, Nelson, C. J.
The action is sought to be sustained upon the ground that the legal operation and effect of the agreement on the part of the plaintiff below was to discharge Mrs. Thomas, the original debtor; and as the demand no longer subsisted against her, the undertaking could not be said to bbfor the debt of another. If this view could be sustained, .there is no difficulty in the case. 1 Barn. & Ald. 297. 1 Comyn on Cont. 59. 2 Selw. 621. 1 Saund. 211, note 2. But assuming (what I should be disposed to deny,) that the forbearance to sue Mrs. Thomas, according to the true…
2Cases cited3 opinions
- De Peyster v. ClarksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Smith v. IvesNew York Supreme Court · 1836
- Pearl v. WellsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by20 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Schnepel v. MellenMontana Supreme Court · 1878
- Emerick v. SandersWisconsin Supreme Court · 1853
- Mech. Farmers' Bank of Albany v. . WixsonNew York Court of Appeals · 1870
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