Goodrich v. Walker
New York Supreme Court
■, This was an action of assumpsit, for work, labor- and services. The defendant pleaded the general issue, and gave notice with his plea, that he would offer in-evidence, on the trial of the cause, an instrument in writing, under the hand and seal of the plaintiff, bearing date the 24th day of May, 1796, whereby, in consideration of forty pounds to him in hand paid, by David Meachum and David Osborn, overseers of,the church at New Lebanon, the plaintiff released and…
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■, This was an action of assumpsit, for work, labor- and services. The defendant pleaded the general issue, and gave notice with his plea, that he would offer in-evidence, on the trial of the cause, an instrument in writing, under the hand and seal of the plaintiff, bearing date the 24th day of May, 1796, whereby, in consideration of forty pounds to him in hand paid, by David Meachum and David Osborn, overseers of,the church at New Lebanon, the plaintiff released and discharged the said overseers and community of the said church, jointly, and severally, from any further charges and demands…
1Per curiam
Every objection to the competency of Markum, as a witness, if any existed, was removed by the mutual releases executed between him and the defendant.(a)
As to the second point. The discharge or.release must be intended to have been well delivered. Nothing to the contrary appears. A formal' delivery is not essential, if there be any act evincing the intent.(b)
*305We also think with the judge at the trial, that the weight of evidence was in favor of the defendant ;- and that the plaintiff ought not to recover.(a)
We are, therefore, of opinion, that a new trial ought not to be granted.
Rule refused!
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2Cases cited3 opinions
- Alsop v. SwathelSupreme Court of Connecticut · 1829
- Daniel v. BrattonCourt of Appeals of Kentucky · 1833
- Lamb v. CoeNew York Supreme Court · 1836
3Cited by3 opinions
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- Dunn v. GamesU.S. Circuit Court for the District of Ohio · 1838
- Jordan, Ellis & Co. v. JamesOhio Supreme Court · 1831