Rees v. Overbaugh
New York Supreme Court
Covenant, tried at the Montgomery circuit, December, 1324, before Walworth, C. Judge. The action was for money claimed by the plaintiff, to be due from the defendant to him, on sealed articles of agreement, dated February 8th, 1808, executed by the parties, and left with one Jackson, for safe keeping. The plaintiff aftcrvvards authorized Jackson to receive $2500 (the whole debt being $5000) of the money due on the agreement; and pass it to the plaintiff's credit on account.
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Covenant, tried at the Montgomery circuit, December, 1324, before Walworth, C. Judge. The action was for money claimed by the plaintiff, to be due from the defendant to him, on sealed articles of agreement, dated February 8th, 1808, executed by the parties, and left with one Jackson, for safe keeping. The plaintiff aftcrvvards authorized Jackson to receive $2500 (the whole debt being $5000) of the money due on the agreement; and pass it to the plaintiff's credit on account. Jackson receive money at different times; and on a cast, when the last Payment was made to him, he thought the sum due…
1Opinion of the Court
Curia, per
Sutherland, J.
The questions of fact were properly submitted to the jury. They have found that the defendant has not paid to the plaintiff the amount, which by his covenant he was bound to pay ; and that the seals were torn from the agreement, by Jackson, under the mistaken supposition that the defendant had paid to him, Upon that agreement, $200, on the 1st of June, 1808, when, in truth, that payment was made by the plaintiff, and not by the defendant; and had been credited by Jackson to the defendant, by mistake. We assume, therefore, that the sum found by the jury is justly due to…
2Cases cited1 opinion
- Cutts v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by14 opinions
- Casoni v. . JeromeNew York Court of Appeals · 1874
- State ex rel. Jackson Township v. BergIndiana Supreme Court · 1875
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Yeager v. MusgraveWest Virginia Supreme Court · 1886
- Wofford v. Board Police of Holmes CountyMississippi Supreme Court · 1870
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