Bailey v. Freeman
New York Supreme Court
THIS was an action of assumpsit on a special agreement, tried before Mr. Justice Van Ness, at the Nem-York sittings in 3 . November, 1813, (See S. C. on Demurrer, voL 4. 280.) The plaintiffs recovered a verdict against Noel Blanche, in 1808, on which a fi.fa. was issued and levied on the goods of Blanche, who applied to the plaintiffs for time, and offered to pay the costs and give security for the debt, payable in six months, in chocolate, at a stipulated price, if the…
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THIS was an action of assumpsit on a special agreement, tried before Mr. Justice Van Ness, at the Nem-York sittings in 3 . November, 1813, (See S. C. on Demurrer, voL 4. 280.) The plaintiffs recovered a verdict against Noel Blanche, in 1808, on which a fi.fa. was issued and levied on the goods of Blanche, who applied to the plaintiffs for time, and offered to pay the costs and give security for the debt, payable in six months, in chocolate, at a stipulated price, if the plaintiffs would cause the execution to be returned nulla bona, and forbear all further proceedings under the judgment, for…
1Opinion of the CourtPlatt, J.
The guaranty on the part of the defendant in this case, was an original collateral agreement; and not a promise to pay a previously subsisting debt of Blanche.
It was part of an entire contract consisting of the agreement signed by Blanche, and the guaranty signed by the defendant. The credit was originally given to the defendant as surety; and it was therefore unnecessary to show a separate consideration for the promise of the defendant. The principal contract and guaranty were simultaneous, and the consideration of the former supports the latter. Leonard v. Vredenburgh, (8 Johns. Rep. 29.)…
2Cases cited1 opinion
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
3Cited by13 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Nabb v. KoontzCourt of Appeals of Maryland · 1861
- Smith v. IdeSupreme Court of Vermont · 1830
- Dorman v. BigelowSupreme Court of Florida · 1847
- Highland v. DresserSupreme Court of Minnesota · 1886
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