Ruggles v. Holden
New York Supreme Court
Error from the New-York common pleas. Holden sued Ruggles in the court below in an action of covenant, and geciare¿ on an instrument under seal, bearing date 3d May, ° v 1826, executed by Ruggles, attached to another executed by one Grove Goodrich.
Read the full summary
Error from the New-York common pleas. Holden sued Ruggles in the court below in an action of covenant, and geciare¿ on an instrument under seal, bearing date 3d May, ° v 1826, executed by Ruggles, attached to another executed by one Grove Goodrich. Goodrich had hired of Holden certain rooms in a dwelling house in the city of New-York, for the term °f one year from the 1 st May, 1826, at the yearly rent of $150, payable quarterly, and convenanted to make punctual payment of the rent, in manner aforesaid, and to surrender Premises at the expiation of the term in as good state and condition as…
1Opinion of the Court
By (the Court,
Sutherland, J.
This case appears to me not to fall within the principle established in the cases of Paine v. Packard, (13 Johns. R. 174,) and King v. Baldwin, *218(17 Johns. R. 384.) It was there held that if an obligee or holder of a note who is requested by the surety to proceed without delay and collect the money from the principal, who is then solvent, refuses or neglects to proceed against the principal, who afterwards becomes insolvent, the surety will be discharged. These cases proceed upon the principle that the creditor is under an equitable obligation to obtain payment from…
2Cited by3 opinions
- Beardsley v. WarnerNew York Supreme Court · 1831
- Damb v. HoffmanNew York Court of Common Pleas · 1854
- Herrick v. BorstCourt for the Trial of Impeachments and Correction of Errors · 1843