Reed v. Girty
The Superior Court of New York City
Appeal by the defendant Girty from a judgment rendered in favor of the plaintiffs against the defendants Girty and Doran, and in favor of the defendant Barber against the plaintiffs.
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Appeal by the defendant Girty from a judgment rendered in favor of the plaintiffs against the defendants Girty and Doran, and in favor of the defendant Barber against the plaintiffs. The action had been tried in this Court and the proceedings reviewed in the General Term in June, 1856, and the complaint of the plaintiffs dismissed on the grounds that, by the recovery of judgment in Missouri, in an action against Barber only, and the acceptance of his bond in compromise of the debt, and the entry of satisfaction of the judgment, the plaintiffs had lost their right of action for the original…
1Opinion of the CourtWoodruff, J.
On the first day of June, 1852, William B. Barber, one of the copartners in the defendants’ firm, executed to the plaintiffs his bond, under seal, in the penal sum of $12,000, conditioned for the payment of $3,000, in part in money, and in part according to the tenor of certain five notes therein mentioned, with a provision that, until such notes were paid, the whole debt for which the judgment therein mentioned was recovered—(that being the same debt for which this action is brought against the defendants as copartners)—should be and remain due and in full force; and in the said bond the…
2Cases cited3 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- MbBride v. HaganNew York Supreme Court · 1828
- United States v. AstleyU.S. Circuit Court for the District of Eastern Pennsylvania · 1819