Blanchard v. Ely
New York Supreme Court
This was an action of debt, tried at the New York circuit in October, 1S37, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of debt, tried at the New York circuit in October, 1S37, before the Hon. Ogden Edwards, one of the circuit judges. In iSeptetnber, 1834, a contract was entered into between the parties, by which the plaintiff engaged to build for the defendants a steam-boat, intended to ply on the Susquehanna river between Owego and Wilkesbarre; the boat to be completed and put in operation by the first day of May, 1835, for which the plaintiff was to be paid the sum of $12,500. The boat was built but not entirely completed, when she was accepted by a committee of the defendants, and…
1Opinion of the Court
By the Court,
Cowen, J.
The objection that-the assignment of the articles of agreement by the plaintiff to one of the defendants, should have been received as a bar, is founded on the principle that where the right of the creditor and the liability of the debtor, or any one of several debtors meet in the same person, such coincidence works a release by operation of law. The reason is that a man cannot sue himself; the action is suspended by the voluntary act of the creditor; and is gone and discharged forever. 2 Wms’ Exec. Phila. ed. 1832, p. 811. It is obvious from the bare statement of the…
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