Williams v. Crary
New York Supreme Court
This was an action of assumpsit, tried at the Washington circuit in November, 1828, before the Hon. Esek Co wen, one of the circuit judges.
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This was an action of assumpsit, tried at the Washington circuit in November, 1828, before the Hon. Esek Co wen, one of the circuit judges. The plaintiff proved an account of monies paid and services rendered to the testatrix, amounting to nearly $1500. On the part of the defendant, it was shewn that on the 6th day of August, 1806, the plaintiff executed to the testatrix his bond in the penal sum of $15,000, conditioned for the payment of the sum of $1000 annually to the testatrix during her natural life; which bond was accompanied by a mortgage as collateral security. On the 21st day of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This cause has already been twice before the court. At first it came up on a demurrer to the defendant’s third plea, (5 Cowen, 368.) That plea stated the execution of the bond, the provision in the will, the balance due on the bond, the payment of the $1600 and the cancelling the bond and mortgage, claiming the balance of $2400 to be set oft" against the plaintiff’s demand. The plea was held bad, both in form and substance, because a set off could not be pleaded under our statute; and if it could a bond which was cancelled could not be considered a subsisting demand…
2Cases cited2 opinions
- Fulton Bank v. StaffordNew York Supreme Court · 1829
- Strong v. WilliamsMassachusetts Supreme Judicial Court · 1815
3Cited by25 opinions
- Glover v. PattenSupreme Court of the United States · 1897
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
- Sheldon v. . SheldonNew York Court of Appeals · 1892
- In re the Estate of HerbNew York Surrogate's Court · 1937
- Clarke v. BogardusNew York Supreme Court · 1834
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