Phelps v. Johnson
New York Supreme Court
THIS was an action or debt, to recover the amount of three sealed notes, dated the 14th of February, 1798, ' and payable before the 28th June, 1806. The defendants pleaded; 1- Nonest factum; 2. Payment; 3. A release on .he 28th June, 1806. The cause was tried before the Chief Justice, at the Ontario circuit, the 25th of June, 1810. At the tria!, the plaintiff proved the execution of the notes, and that they were assigned to Henry Remsen, on the 3d May, 1805, and that this…
Read the full summary
THIS was an action or debt, to recover the amount of three sealed notes, dated the 14th of February, 1798, ' and payable before the 28th June, 1806. The defendants pleaded; 1- Nonest factum; 2. Payment; 3. A release on .he 28th June, 1806. The cause was tried before the Chief Justice, at the Ontario circuit, the 25th of June, 1810. At the tria!, the plaintiff proved the execution of the notes, and that they were assigned to Henry Remsen, on the 3d May, 1805, and that this suit was brought for his benefit. The defendant then offered in evidence an agreement, under seal, dated the 28th June,…
1Per curiam
The covenant by the intestate with one of the defendants, to procure and cancel the notes given by both the defendants, was a covenant enuring to the benefit of both; and though Otis Johnson could not maintain a suit upon it in his own name, seeing it was not a parol promise, but by specialty, yet he had undoubtedly an equitable interest in it, and would be entitled to use the name of Isaac Johnson, as a trustee for his interest in the covenant. The validity of such an equitable interest was recognised so long ago as the case of Offly v. Warde ; (1 Lev. 235.) and since that time, the courts…
2Cited by11 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Nahtel Corporation v. West Virginia Pulp & Paper Co.Court of Appeals for the Second Circuit · 1944
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Proctor v. ThrallSupreme Court of Vermont · 1850
- State ex rel. Mansfield v. Mayor of St. PaulSupreme Court of Minnesota · 1885
6 more not listed; retrieve them via the Exa API.