Purdy v. . Philips
New York Court of Appeals
Action on a' bond, dated the 9th of July, 1832, executed by Thomas H. White to Elizabeth Bulmer. They were both dead, and the plaintiffs were the executors of the obligee, and the defendants of the obligor in the bond. The condition of the bond was, “ that if said Thomas should and did pay or cause to bpaid to said Elizabeth the just and full sum of seven hundred dollars lawful money, then the obligation to be void, else to be in force.”
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Action on a' bond, dated the 9th of July, 1832, executed by Thomas H. White to Elizabeth Bulmer. They were both dead, and the plaintiffs were the executors of the obligee, and the defendants of the obligor in the bond. The condition of the bond was, “ that if said Thomas should and did pay or cause to bpaid to said Elizabeth the just and full sum of seven hundred dollars lawful money, then the obligation to be void, else to be in force.” On the trial in the supreme court, before Justice Paine, the bond was read in evidence, and it was admitted that the obligor, during his lifetime and up to…
1Opinion of the CourtDenio, J.
The question in this case is whether, upon a bond conditioned for the payment of a sum of money, where no time is mentioned for the payment, and it is not even stated to be payable ón demand and nothing is said about interest, interest is payable from the date of the bond. The precise question was decided in England, in favor of the allowance, in Farqhar v. Morris, (7 Term, 120.) None of the cases referred to on the argument from the courts in this state present the exact point. They show indeed that where no time of payment is mentioned, the money is payable immediately, and an action may be…
2Cases cited2 opinions
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- Claim of Jacobs v. AdamsSupreme Court of the United States · 1781
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- Davison v. KlaessNew York Court of Appeals · 1939
- Chester v. . JumelNew York Court of Appeals · 1891
- Sullivan v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1912
- Horn v. HansenSupreme Court of Minnesota · 1893
- Bradford, Eldred & Cuba Railroad v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
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