Woods v. Williams
New York Supreme Court
THIS was an action of covenant. The plaintiff declared on an instrument alleged to have been executed by the defendant’s testator, dated 1st September, 1787, and by which the testator agreed to give the intestate, her heirs and assigns, the sum of 150 pounds, in lands, on or before the 1st January then next, if the same should be demanded; the plaintiff averred that the instrument was lost by accident.
Read the full summary
THIS was an action of covenant. The plaintiff declared on an instrument alleged to have been executed by the defendant’s testator, dated 1st September, 1787, and by which the testator agreed to give the intestate, her heirs and assigns, the sum of 150 pounds, in lands, on or before the 1st January then next, if the same should be demanded; the plaintiff averred that the instrument was lost by accident. The defendant pleaded, 1. Non est factum; 2. That no demand was made of the testator, according to the form and effect of the instrument. The cause was tried, at the Albany circuit, in October,…
1Per curiam
The only question in this case is, whether David, Thomas was a competent witness, after the execution of the release by him, (as stated in the case,) “ of. all right, title, interest, property, claim and demand to any sum or sums of money which may be recovered in the cause.” This release was objected to at the trial, on the ground, that no subject matter existed between the witness and plaintiff, or otherwise, upon which tibie release could operate. Upon the argument, the objection was urged more against the form than the substance of the release. It ought, however, to be viewed as made at…
2Cited by6 opinions
- Fitch v. BatesNew York Supreme Court · 1851
- Steininger v. Hoch'sSupreme Court of Pennsylvania · 1862
- Carter v. TruemanSupreme Court of Pennsylvania · 1847
- Haus v. PalmerSupreme Court of Pennsylvania · 1853
- Webster v. ElaSuperior Court of New Hampshire · 1831
1 more not listed; retrieve them via the Exa API.