Broadhead v. McConnell
New York Supreme Court
This was a motion to set aside a nonsuit. The action was debt on a bond, for the performance of covenants' other than for the payment of money, with breaches assigned in the declaration. . The cause was tried before his Honor Janies G. Hoyt,, one of the justices of this court, at the Livingston circuit, in De-. cember, 1847. On the trial, the plaintiff produced and read in evidence, a bond made by the defendants, to the plaintiffs, in the penal sum of $>1500, dated the 4th…
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This was a motion to set aside a nonsuit. The action was debt on a bond, for the performance of covenants' other than for the payment of money, with breaches assigned in the declaration. . The cause was tried before his Honor Janies G. Hoyt,, one of the justices of this court, at the Livingston circuit, in De-. cember, 1847. On the trial, the plaintiff produced and read in evidence, a bond made by the defendants, to the plaintiffs, in the penal sum of $>1500, dated the 4th day of February, 1847, with the following recital and condition, subjoined : “ Whereas, complaint has been made by the…
1Opinion of the Court
By the Court,
Mullett, J.
It is not necessary to decide what the plaintiff’s rights would have been had he rested them upon any of the exceptions which he took in the course of the trial, before the nonsuit. By proceeding in the trial, after the exceptions, he may be regarded as declining to put his cause on any of those intermediate exceptions, and as standing now in the same situation as though he had in the first instance produced all the proof which he gave on the trial. The examination of the intermediate exceptions, not involved in the exceptions to the decision granting the nonsuit,…
2Cases cited6 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Avery v. SlackNew York Supreme Court · 1837
- Loder v. PhelpsNew York Supreme Court · 1834
- Brown v. HinchmanNew York Supreme Court · 1812
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3Cited by12 opinions
- Wanzer v. HowlandWisconsin Supreme Court · 1859
- Vredenburgh v. HendricksNew York Supreme Court · 1853
- Dusenbury v. KeileyNew York Court of Common Pleas · 1880
- McGill v. Weil, New York County Courts1890
- In re VanameeNew York Supreme Court · 1889
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