Gibson v. Renne
New York Supreme Court
This was an action of debt, tried at the Essex circuit in June, 1833, before the Hon. Esek Cowen, then one of the circuit judges. The suit was brought upon a bond executed by Renne and two other persons as his sureties, conditioned to pay to the plaintiff such sum as should be found due to him by arbitration or otherwise in reference to a partnership which had existed between the plaintiff and Renne.
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This was an action of debt, tried at the Essex circuit in June, 1833, before the Hon. Esek Cowen, then one of the circuit judges. The suit was brought upon a bond executed by Renne and two other persons as his sureties, conditioned to pay to the plaintiff such sum as should be found due to him by arbitration or otherwise in reference to a partnership which had existed between the plaintiff and Renne. There subsequently was a submission of the matters in controversy to arbitrators, who awarded that Renne should pay to the plaintiff the sum of $970. The award was made on the 28th December,…
1Opinion of the Court
By the Court,
Bronson, J.
The alleged agreement to wait fifteen months was not founded on a sufficient consideration. The delivery' of a note or obligation of a third person may sometimes be set up by way of accord and satisfaction, Booth v. Smith, 3 Wendell, 66, Boyd v. Hitchcock, 20 Johns. R. 76; but here the note of the defendants and Hammond was to be received in part payment of the award. It surely can be no better consideration than the payment of so much money by the defendants would have been; and then how does the question stand ? The debt was due; the. debtor says to the creditor, you…
2Cases cited1 opinion
- Booth v. SmithNew York Supreme Court · 1829
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