Cuyler v. Cuyler
New York Supreme Court
This was an action of assumpsit, tried at the circuit in Montgomery county, the 30th September, 1806, before Mr. Chief Justice Kent. The plaintiff declared on a promissory note, dated the I3th May, 1803, made by the defendant, and payable to the plaintiff nine months after date. The note had been indorsed by the plaintiff, and delivered to one Smith as security for a debt due to him from the defendant; and the plaintiff, as indorser, paid the note to Smith.
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This was an action of assumpsit, tried at the circuit in Montgomery county, the 30th September, 1806, before Mr. Chief Justice Kent. The plaintiff declared on a promissory note, dated the I3th May, 1803, made by the defendant, and payable to the plaintiff nine months after date. The note had been indorsed by the plaintiff, and delivered to one Smith as security for a debt due to him from the defendant; and the plaintiff, as indorser, paid the note to Smith. On the trial, the defendant, pursuant to a notice for that purpose, gave in evidence a writing dated the 10th February, 1804, executed by…
1Per curiam
The bond executed by the plaintiff and John C. Cuyler to the defendant, is equivalent to a perpetual covenant, not to sue the defendant upon any de.-J 1 mand then existing. Such a covenant amounts to an .absolute release. This construction has been adopted *187by courts, to avoid circuity of action. For if in such case the party should sue, contrary to his covenant, the other party would recover precisely the same damages which he sustained by the other suing. (Cro. Eliz. 352. Shower, 43. 5 Bac. Ab. 683.) The plaintiff prosecutes upon the note itself, given by the defendant to him, which bears…
2Cited by15 opinions
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- Pierce v. ParkerMassachusetts Supreme Judicial Court · 1842
- Case Wagon Co. v. WolfendenWisconsin Supreme Court · 1885
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