Couch v. Mills
New York Supreme Court
Demurrer to plea puis darrien. The plaintiff declared on several promissory notes made by the defendants. Mills alone appeared and pleaded non assumpsit and several special pleas.
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Demurrer to plea puis darrien. The plaintiff declared on several promissory notes made by the defendants. Mills alone appeared and pleaded non assumpsit and several special pleas. After issue joined, he put in a plea puis darrien, that the pldintiff ought not further to have and maintain his action because, on, &c. at, &c. he by a certain writing under seal, in consideration of $500, to him paid by Henry Talmage, one of the defendants in the said action, covenanted and agreed With the said Henry Talmage, that neither, he, the plaintiff, nor his executors, &c., should at any time or times…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The language of the instrument as set forth, is undoubtedly very particular; but it is manifest from the whole scope of it, that it was not intended to have the operation and effect of a technical release upon the subject matter of the suit; but only to protect the rights of the covenantee ; which may be done by a cross action if he suffers. Neither is it more specific than the covenant in the case of Dean v. Newhall, 8 T. R. 168. That stated if any of the creditors sued, &c., the covenant should be a sufficient release and discharge to all intents and pur*426poses. Not…
2Cited by16 opinions
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- McDonald v. Goddard Grocery Co.Missouri Court of Appeals · 1914
- Kendrick v. J. B. O'Neil, Foster & Co.Supreme Court of Georgia · 1873
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