Bonney v. Seely
New York Supreme Court
This was an action of assumpsit, tried at the Tompkins circuit, in June, 1828, before the Hon. Samuel Nelson, one of the circuit judges. J ° The declaration contained the common money counts. The plaintiff had given a bill of particulars, in which he claimed to recover for money paid by him for the defendants, in consequence of having joined with them in making a note for $300 for their accommodation, and which he had been compelled to pay.
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This was an action of assumpsit, tried at the Tompkins circuit, in June, 1828, before the Hon. Samuel Nelson, one of the circuit judges. J ° The declaration contained the common money counts. The plaintiff had given a bill of particulars, in which he claimed to recover for money paid by him for the defendants, in consequence of having joined with them in making a note for $300 for their accommodation, and which he had been compelled to pay. The note, and an agreement by the defendants to save the plaintiff harmless from the payment thereof, were produced. A judgment was obtained by the…
1Opinion of the Court
By the Court, Savage, Ch. J.
It was decided in Ainslee v. Wilson, (7 Cowen, 668,) that the conveyance of land received in discharge of a money debt due from the plaintiff is, in judgment of law, to be considered the same thing as if the plaintiff had actually paid money. So in Randall v. Rich, (11 Mass. R. 498,) Parker, Ch. J. says, in a similar case, as to this point, “ The satisfaction of the execution ought to be considered as a payment of the debt in money ; and although land is taken, it is taken at money’s worth; and the debt which might have been exacted in money at all events has been…
2Cases cited1 opinion
- Loker v. HaynesMassachusetts Supreme Judicial Court · 1814
3Cited by13 opinions
- Gieseke v. JohnsonIndiana Supreme Court · 1888
- Smith v. HicksNew York Supreme Court · 1830
- New York & W. Steamship Co. v. Inland & Seaboard Coasting Co.Court of Appeals for the Second Circuit · 1894
- Brundage v. . Village of Port ChesterNew York Court of Appeals · 1886
- Snyder v. BlairNew Jersey Court of Chancery · 1880
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