Legal Opinion

Rathbone v. Warren

Court for the Trial of Impeachments and Correction of Errors

Decided March 15, 1813PublishedCited by 38 opinions

ON the 23d October, 1809, Warren, the respondent, filed a bill In chancery against Rathbone # Eon, the appellants. The bill stated that the appellants, in the term of May, 1808, recovered a judgment against Jonas Warren, in the supreme court, for 1,435 dollars and 7 cents damages and costs, and that the respondent and Aaron Hand were special bail for the defendant in that suit, Previous to the commencement of the action, Jonas Warren, on 7 the 19th January, 1808, delivered…

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ON the 23d October, 1809, Warren, the respondent, filed a bill In chancery against Rathbone # Eon, the appellants. The bill stated that the appellants, in the term of May, 1808, recovered a judgment against Jonas Warren, in the supreme court, for 1,435 dollars and 7 cents damages and costs, and that the respondent and Aaron Hand were special bail for the defendant in that suit, Previous to the commencement of the action, Jonas Warren, on 7 the 19th January, 1808, delivered to Rathbone & 'Son a promissory note, made by Josiah Hatheway, for 635 dollars and 27 cents, payable to Jonas Warren, for…

1Opinion of the CourtSpencer, J.

Two questions arise in this case: 1. What is the nature and effect of the parol agreement set up by the respondent? 2. What is the operation of the written agreement, as.it respects the respondent ?

I am satisfied that the decree cannot be maintained,on the verbal agreement, admitting even that such an agreement was made, and that the respondent sent the 100 dollars by Jonas Warren, to be paid on the faith of that agreement; for the proposition or agreement was not valid at the time it was alleged to have been made with one of the appellants; it was an executory agreement founded on no…

2Cited by38 opinions

  1. Davis v. WakeleeSupreme Court of the United States · 1895
  2. Young v. VailNew Mexico Supreme Court · 1924
  3. Smith v. MontgomeryTexas Supreme Court · 1848
  4. Schilling v. RomingerSupreme Court of Colorado · 1878
  5. Ward v. Van BokkelenNew York Court of Chancery · 1828

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