Hill v. Packard
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. ■ Packard and others brought an action of assumpsit in the supreme court against Hill and Haskins, on an instrument in writing given by them on the I5lh August, 1815, in these words: "We hereby bind ourselves, our heirs, executors and assigns, to Messrs.
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Error from the supreme court. ■ Packard and others brought an action of assumpsit in the supreme court against Hill and Haskins, on an instrument in writing given by them on the I5lh August, 1815, in these words: "We hereby bind ourselves, our heirs, executors and assigns, to Messrs. Packard and Gowen of Havana, their heirs, executors, administrators and assigns, to save them, said Packard and Gowen, harmless for any costs, damages and expense which may arise in consequence of any law suit or law suits which are or may be brought against said Packard and Gowen or their agents by Capt. Olzen…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
The first objection made to the. recovery in this case is, that the document admitted in evidence on the trial purporting to be a copy of the proceedings in the court of consulado at Havana, does not show that the subject matter of the award was the same as the subject matter of the agreement on which this suit was brought. This question was left to the jury, and they have decided it was the same transaction. The agreement is to indemnify against suits brought orto be brought against Packard & Go wen, or their agents. The suit is…
2Cases cited1 opinion
- Chanoine v. FowlerNew York Supreme Court · 1829
3Cited by9 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Harvey v. CummingsTexas Supreme Court · 1887
- Buffalo City Bank v. . HowardNew York Court of Appeals · 1866
- Goodman v. SchulmanCity of New York Municipal Court · 1932
- Einstein v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1908
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