Thorpe v. White
New York Supreme Court
THIS was an action of assumpsit, which was tried at the Alba-circuit, in October; 1815, before Mr. J. Yates. The plaintiff produced, at the trial, a promissory note,, executed by the defendants, which being admitted, the counsel for the defendants offered to prove, under the notice subjoined to the plea, that-the defendants being the owners of a eotton manufactory, the plaintiff, who was a joiner, about three months before the exeCutjon of the note, entered into their…
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THIS was an action of assumpsit, which was tried at the Alba-circuit, in October; 1815, before Mr. J. Yates. The plaintiff produced, at the trial, a promissory note,, executed by the defendants, which being admitted, the counsel for the defendants offered to prove, under the notice subjoined to the plea, that-the defendants being the owners of a eotton manufactory, the plaintiff, who was a joiner, about three months before the exeCutjon of the note, entered into their service, and it was agreed that the defendants shoúld instruct the plaintiff in the making of the machinery necessary and…
1Per curiam
According to the principles adopted by this court, iii the case of M'Millan v, Vanderlip, (12 Johns. Rep. 165.,) the original contract between the parties was an entire contract; and if there had been no subsequent modification, the,, plaintiff could not have recovered upon it until the expiration, bf the year. But the giving of the nóte in question, by the defendants, was, pro tanto, a change or modification of the original agreement, and precludes them. frQm setting up thq original *54' agreement against their own note. ' The evidence .offered wás, therefore, properly overruled, and the motion…
2Cited by6 opinions
- Walker v. . MillardNew York Court of Appeals · 1864
- Griswold v. PierattCalifornia Supreme Court · 1895
- Haslack v. MayersSupreme Court of New Jersey · 1857
- Erving v. IngramSupreme Court of New Jersey · 1854
- Walker v. . MillardNew York Court of Appeals · 1864
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