Carpenter v. Alexander
New York Supreme Court
THIS was an action of covenant. The declaration stated that the defendant, on the 22d May, 1809, at, &c. by his certain writing, sealed, &c. covenanted and agreed, that the defendant, in and by the said writing, was held and firmly bound unto the plaintiff, his heirs, &c. in the full sum of 250 dollars, to be paid to the plaintiff, In manner following: 125 dollars on the 20th May then next ensuing the date of the said writing; and the farther sum of 125 Iars on the 20th May,…
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THIS was an action of covenant. The declaration stated that the defendant, on the 22d May, 1809, at, &c. by his certain writing, sealed, &c. covenanted and agreed, that the defendant, in and by the said writing, was held and firmly bound unto the plaintiff, his heirs, &c. in the full sum of 250 dollars, to be paid to the plaintiff, In manner following: 125 dollars on the 20th May then next ensuing the date of the said writing; and the farther sum of 125 Iars on the 20th May, 1811, with the interest, &c. and protesting that the defendant had not performed and fulfilled his covenants, &c. the…
1Per curiam
The breach is not well assigned, for it does not appear, with sufficient certainty, which of the two sums of 125 -1 T, , . . m, , . „ dollars has not been paid. The court can, perhaps, infer from the whole record, that the breach was intended to apply to the non-payment of the first sum mentioned in the condition of the bond; but the party ought not to leave such a fact to inference and deduction, but allege it with precision and certainty; and if he does not, he ought to be punished in costs, for slovenly and careless pleading. There must be judgment for the defendant, with leave, however,…
2Cited by2 opinions
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