Fake v. Addy's
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action of debt, brought on a bond given by Fake to Tisdqle Eddy, the testator, in the penal sum of $6382, bearing date 27th October, 1827, conditioned for the payment of the sum of $3191, “in the following manner, namely; $1000 on 1st May, 1830, $1000 on 1st May, 1832, $1191 on 1st May, 1834, or of the interest thereof, or any part thereof, to be paid yearly and every year, on the first day of May in each year, after the same…
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Error from the supreme court. This was an action of debt, brought on a bond given by Fake to Tisdqle Eddy, the testator, in the penal sum of $6382, bearing date 27th October, 1827, conditioned for the payment of the sum of $3191, “in the following manner, namely; $1000 on 1st May, 1830, $1000 on 1st May, 1832, $1191 on 1st May, 1834, or of the interest thereof, or any part thereof, to be paid yearly and every year, on the first day of May in each year, after the same commences, without fraud or other delay, then, &c.” The defendant craved oyer of the bond and condition, and set fortK the…
1Opinion of the Court
The following opinion was delivered in this court:
By the Chancellor.
Two instalments of the principal upon this bond had become due at the time of the commencement of this suit, and if any iñ'terest was payable upon the principal of the second and third instalments, before they became due, the plea in bar is bad; and unless such a construction is given to the condition of the ’bond as to entitle the obligee to annual interest upon the whole debt remaining unpaid, from time to time, at least from the first of May, 1830, the whole of that part of the condition which relates to the payment of the…
2Cited by30 opinions
- Matter of Crane v. . CraigNew York Court of Appeals · 1921
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- Southern Central Railroad v. Town of MoraviaNew York Supreme Court · 1871
- Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
- City of Los Angeles v. City BankCalifornia Supreme Court · 1893
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