Thurber v. Corbin
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. ' The action was brought to recover certain sums due to various persons from the firm of “ Thurber, Eice & Co.” and which the defendants had assumed to pay and discharge by their bond of indemnity executed to the plaintiff, March 24, 1865, the plaintiff on that day having sold out -his interest in said firm to the defendant John T. Jenkins for $5000, subject to the payment of the company’s debts; and the defendant…
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APPEAL from a judgment entered upon the report of a referee. ' The action was brought to recover certain sums due to various persons from the firm of “ Thurber, Eice & Co.” and which the defendants had assumed to pay and discharge by their bond of indemnity executed to the plaintiff, March 24, 1865, the plaintiff on that day having sold out -his interest in said firm to the defendant John T. Jenkins for $5000, subject to the payment of the company’s debts; and the defendant Justin Corbin having signed said bond as security, by which the defendants agreed “ to pay so much of the debts and…
1Opinion of the Court
By the Court, Morgan, J.
The complaint fails to specify any particular demands which the plaintiff paid of the debts of the old firm of Thurber, Eice & Co. It is stated in the complaint that the defendants did not perform" their agreement, but neglected to pay the debts of the old firm, *218or to save the plaintiff harmless therefrom according to the terms and conditions of their said agreement, in consequence of which the plaintiff “ has been compelled to raise and advance money to pay up'and discharge many of such debts and habilites and to continue under and oppresséd with the debts and…
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