M'Nitt v. Clark
New York Supreme Court
THIS was an action of debt on a bond, dated rune 76, 1807, for 1,200 dollars. The condition was, if the ~1efendant should pay to the plaintiff 600 dollars in one year from the date, or 400 dollars in 6 `months from the Jate, then the method of separating, collecting and preiaring t~he sulphate of ashes into sal. polychrist. or tart. ~itriol. was to belong to the defendant, and the whole right of vending the same in the county of Chenango, md nowhere else, or otherwise the,…
Read the full summary
THIS was an action of debt on a bond, dated rune 76, 1807, for 1,200 dollars. The condition was, if the ~1efendant should pay to the plaintiff 600 dollars in one year from the date, or 400 dollars in 6 `months from the Jate, then the method of separating, collecting and preiaring t~he sulphate of ashes into sal. polychrist. or tart. ~itriol. was to belong to the defendant, and the whole right of vending the same in the county of Chenango, md nowhere else, or otherwise the, defendant was to return two thirds of the profits arising frotu the sales of such patent right, at the end of every six…
1Opinion of the Court
Per Curiam,
The defendant showed nothing in his defence, and he is, therefore, to be considered as having failed in every part of the condition of the bond, and to have performed neither alternative. He had his elec*467ti'on to pay the 400 dollars at the end of six months, or account, or to pay the 600 dollars at the end of one year, or account for the profits ; bdt having totally failed, he has lost his election, and the plaintiff may now elect for himself. This is a settled principle. The case of 13 Edw. IV. pl. 12. and which is abridged in Bro. (Dette, pl. 159.) established this rule. That was…
2Cited by14 opinions
- Wheeler v. New Brunswick & Canada RailroadSupreme Court of the United States · 1885
- Sperry & Hutchinson Co. v. Siegel, Cooper & Co.Illinois Supreme Court · 1923
- Drake v. HarrisonWisconsin Supreme Court · 1887
- Marlor v. Texas & P. R.U.S. Circuit Court for the District of Southern New York · 1884
- Brumby v. BarnardSupreme Court of Georgia · 1878
9 more not listed; retrieve them via the Exa API.