Bush v. Critchfield
Ohio Supreme Court
This was an action of covenant, adjourned here for decision from the county of Knox. The declaration contained two counts upon the same covenant.
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This was an action of covenant, adjourned here for decision from the county of Knox. The declaration contained two counts upon the same covenant. The second count stated, that on June 27, 1825, the defendants covenanted with the plaintiffs, in consideration that the plaintiffs would supply one D. B. McConnel with merchandise to sell on commission, at such per cent, as the plaintiffs and McConnel might, or had agreed upon ; that the said defendants would hold themselves responsible for the faithful and honest performance of said McConnel, for one year from that date, and as much longer as said…
1Opinion of the Court
By the Court :
It is a general rule, that where a matter does not lie more properly in the knowledge of one of the parties than the other, notice is-not requisite; therefore, if a man is bound, by obligation of covenant, or promises to do a thing, on the performance of an act by a stranger, notice need not be alleged, for it lies in the defendant’s knowledge, as much as the plaintiff’s, and he ought to take notice at his peril. 2 Saund. 62, n. 4; 2 Chit. 81; 11 Johns. 61.
The defendants have covenanted, in general terms, to hold themselves accountable for the fidelity of McConnel, and that he…
2Cases cited2 opinions
- M'Lean v. RankinNew York Supreme Court · 1808
- Humphreys v. GardnerNew York Supreme Court · 1814