Russell & Hall v. Rogers
New York Supreme Court
Composition between debtor and creditor. The plaintiffs sued the defendant for a breach of covenant contained in an assignment of a bond and warrant of attorney executed by him to them.
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Composition between debtor and creditor. The plaintiffs sued the defendant for a breach of covenant contained in an assignment of a bond and warrant of attorney executed by him to them. In the first -count of the declaration, they allege that on 8th March, 1821, the defendant assigned to them a bond and warrant-of attorney, authorizing the confession of a judgment which he held against two persons of the names of W, & L. Jenks, conditioned for the payment of $600; that they, ■the plaintiffs, caused judgment to be entered upon the same in •the name of the defendant in this cause as plaintiff…
1Opinion of the Court
*477 By the Court,
Nelson J.
The replication, is no answer to the second, third and fourth pleas of the defendant. The covenant declared on bears date 8th March, 1821, and the breach alleged is on the 80th March, 1822, when the demand, or cause of action, if any, accrued to the plaintiffs. The pleas set up in bar of the action a release under seal, executed on the 11th April, 1827, and they expressly aver in addition that it was after the breaches in the covenant assigned, and after the supposed causes of action mentioned and relied on in the declaration.
The plaintiff, in his replication, craves…
2Cited by22 opinions
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- Bliss v. . MattesonNew York Court of Appeals · 1871
- Lawrence v. . ClarkNew York Court of Appeals · 1867
- Adams v. . OuthouseNew York Court of Appeals · 1871
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