Cobb v. Curtiss
New York Supreme Court
IN error, on certiorari, from a justice’s court. Curtiss sued Cobb, before the justice, in assumpsit, for a breach of promise; and set out, in his declaration, that ^le defendant had, some time before, sued him before another magistrate, and that, before the return day of the summons he settled with him and paid him three dollars, in full, and the defendant promised to go to the magistrate, and pay the costs, but that'instead of doing so, be appeared at the return of the…
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IN error, on certiorari, from a justice’s court. Curtiss sued Cobb, before the justice, in assumpsit, for a breach of promise; and set out, in his declaration, that ^le defendant had, some time before, sued him before another magistrate, and that, before the return day of the summons he settled with him and paid him three dollars, in full, and the defendant promised to go to the magistrate, and pay the costs, but that'instead of doing so, be appeared at the return of the summons, and obtained a judgment, for 25 dollars, against Curtiss. J ° ’ o The testimony introduced at the trial fully…
1Per curiam
The suit here was not to ov erhale the first judgment, or to recover back the amount of it, on t^le ground that the money was not due, and had been unconscientiously recovered. That was not the srist of J ° this action. The case of Marriot v. Hampton (7 Term Rep. 269.) has no application. Ihis suit was brought for breach of an agreement to discontinue the former suit, and this breach would be the same, even if the former reCovery had been for a just debt.
Lord Chief Justice Eyre, in Philips v. Hunter, (2 H. Bl. 416.) though he denies the authority of Moses v. M'Farlan, yet he expressly admits…
2Cited by8 opinions
- Hunt v. BrownMassachusetts Supreme Judicial Court · 1888
- Doyle v. ReillySupreme Court of Iowa · 1864
- Farrington v. BullardNew York Supreme Court · 1863
- Corey v. WebberMichigan Supreme Court · 1893
- Walker v. AmesNew York Supreme Court · 1823
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