Smith v. Buskirk

Blackford, J.'

— This was an action of covenant, commenced by Smith, assignee of Thomas C. Childs and Co., against Michael and John S. Buskirk, in October, 1839. The suit was founded on a bond, executed to the assignors, for the payment of 258 dollars and 81 cents in good merchantable hatters’ fur. The bond was dated in 1815, and *478payable nine months after date. Breach, that the defendants had not delivered the fur nor paid the money. The writ was returned “ not found ” as to John S. Buskirk. The defendant, Michael Buskirk, pleaded payment to the obligees in hatters’ fur, according to the…