Curson v. Monteiro
New York Supreme Court
_ „ . , This was an action or assumpsit tor money, the payment of which, by one Bonaventure Sire, had .been guaranteed by the defendant. The cause was.tried at the New-Yorlc Sittings, the 12th December, 1806, before Mr. , Justice Livingston, when a verdict was taken, by consent, for the plaintiffs, for 11,973 dollars, subject to the opinion of the court, on the following case.
Read the full summary
_ „ . , This was an action or assumpsit tor money, the payment of which, by one Bonaventure Sire, had .been guaranteed by the defendant. The cause was.tried at the New-Yorlc Sittings, the 12th December, 1806, before Mr. , Justice Livingston, when a verdict was taken, by consent, for the plaintiffs, for 11,973 dollars, subject to the opinion of the court, on the following case. On the 10th of December, 1800, the defendant wrote to the plaintiff that he would guarantee the payment of , . the premiums which the plaintiff might become accpunt- and paid the premiums. Sire afterwards became…
1Opinion of the CourtThompson, J.
This action of assumpsit being foundfid upon the original undertaking of the defendant, the principal question in the case is, whether that contract was not extinguished by the agreement of the 23d of November, 1802, This agreement was by deed; taking it together, must, I think, be considered asan ex-tinguishment of the simple contract. The assignuient of the proceeds of the schooner Resolution is declared by the parties to be in discharge of the prior demand, and it is accepted accordingly. It was considered as terms of settlement and payment, for the agreement provides that the defendant…
2Cited by15 opinions
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Washington Ice Co. v. ShortallIllinois Supreme Court · 1881
- Hill v. LordSupreme Judicial Court of Maine · 1861
- M'Donald v. LindallSupreme Court of Pennsylvania · 1827
- State v. PottmeyerIndiana Supreme Court · 1870
10 more not listed; retrieve them via the Exa API.