Thomas v. Thompson
New York Supreme Court
This was an action of assumpsit. The declaration contained five counts : 1. For goods sold and delivered, &c. 2. Quantum meruit thereon. 3. For money lent, &c. 4. Money paid, laid out, &c. 5. Money had and received, &c,; and the promises were stated to have been made by the intestate in his life-time.
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This was an action of assumpsit. The declaration contained five counts : 1. For goods sold and delivered, &c. 2. Quantum meruit thereon. 3. For money lent, &c. 4. Money paid, laid out, &c. 5. Money had and received, &c,; and the promises were stated to have been made by the intestate in his life-time. The defendant pleaded, that a certain other Alexander Thompson, after the death of Alexander Thompson, the intestate, to wit, in the term of August, 1806, recovered judgment, in an action of assumpsit, against the defendant, as administratrix, for the sum of 1,250 dollars damages, and 22 dollars…
1Opinion of the CourtVan Ness, J.
That a personal action once suspended, by the voluntary act of the party entitled to it, is for ever gone and discharged, is a rule as well settled as any in the law.‡
It is equally well settled, that if a creditor appoint his debtor his executor, such appointment, if the debtor takes upon himself the burden of the execution ofthe will, shall operate as a release,§ or extinguishment of the debt. But to the latter rule there are many exceptions, and the leaning of courts of justice has, of late, been in favour of restricting its generality, and it is, perhaps, to be wished, that it never had…
2Cited by11 opinions
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Fairchild v. . LynchNew York Court of Appeals · 1885
- Marvin v. StoneNew York Supreme Court · 1824
- Hosack's Executors v. RogersNew York Supreme Court · 1840
- Judge of Probate v. SullowaySupreme Court of New Hampshire · 1896
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