Tuxbury v. Miller
New York Supreme Court
IN ERROR to the Court of Common Pleas of Tonipkins county. Miller brought an action of debt against Tux-bury, in the Court below, on a bond, to which there was a condition, that if Angel Bart Hartsough (who was then applying for a discharge under the insolvent act) should, after obtaining his discharge, execute and deliver to M., his promissory note for one hundred dollars, payable in six months, with interest, then the obligation to be void, 8zc.
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IN ERROR to the Court of Common Pleas of Tonipkins county. Miller brought an action of debt against Tux-bury, in the Court below, on a bond, to which there was a condition, that if Angel Bart Hartsough (who was then applying for a discharge under the insolvent act) should, after obtaining his discharge, execute and deliver to M., his promissory note for one hundred dollars, payable in six months, with interest, then the obligation to be void, 8zc. T. pleaded, 1. Mon estfactum; 2. That H. had not been discharged according to the condition of the bond ; 3. That while the application of the…
1Per curiam
As to the mode of proceeding to assess the damages, it may, perhaps, be resolved into a matter of practice which this Court could not control. It is, however, the most fit and proper course, that the jury xvho are to try the issues in fact, should also assess the damages. But we are of opinion, that the judgment of the Court below on the demurrer was erroneous. The agreement in pursuance of which the bond was given, was, in judgment of law, a corrupt agreement. The bond was given as a reward to the plaintiff, for not opposing the discharge of the insolvent. The transaction implies that there…
2Cited by10 opinions
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- Phelps v. ThomasMassachusetts Supreme Judicial Court · 1856
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