Legal Opinion

Bush v. Stevens

New York Supreme Court

Decided July 15, 1840PublishedCited by 3 opinions

Demurrer to declaration in covenant. The first count alleges that Thomas Peele, on the 18th July, 1835, became bound to the plaintiff in a bond, conditioned for the payment of $2529,29, by instalments, specifying the times, with interest; and that the defendants on the same day covenanted with the plaintiff, that in case Peele should not pay the money according to the condition of the bond, the defendants would pay the same on request.

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Demurrer to declaration in covenant. The first count alleges that Thomas Peele, on the 18th July, 1835, became bound to the plaintiff in a bond, conditioned for the payment of $2529,29, by instalments, specifying the times, with interest; and that the defendants on the same day covenanted with the plaintiff, that in case Peele should not pay the money according to the condition of the bond, the defendants would pay the same on request. Breach, that ^afterwards, to wit, on the 15th July, [ *257 ] 1837, at, &c. a large sum of money, to wit, $1400, became, and was due and payable to the…

1Opinion of the Court

By the Court,

Bronson, J.

I. Although this was a collateral undertaking, the seal imports a consideration, and none need be alleged in pleading. This question was fully considered at the last term.

II. The whole of the money mentioned in the condition of the bond was due at the time specified in the breach, and it is enough that the plaintiff has stated how much was due and in arrear, without specifying what portion of it was for principal and what for interest.

*257III. The objection that there should have been a special request only applies to the first count. The covenant in that count is, that if…

2Cited by3 opinions

  1. Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
  2. Edelen v. GoughCourt of Appeals of Maryland · 1847
  3. Northern Kansas Town Co. v. OswaldSupreme Court of Kansas · 1877

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