Mauri v. Heffernan
New York Supreme Court
THIS was an. action of assumpsit,, brought to recover money paid by the plaintiff, as. surety for the defendant. The cause was. tried- at the .New York sittingsy in May, 1815, before his honour the chief justice. The defendant entered into a contract with the royal administration oí tobacco, at Lbtbccbs, tor the purchase and exportation °f a i-arge qwa-nti:ty (1,500- quintals)- of tobacco,; -which was an Article of royal monopoly, and could only _bé purchased from.
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THIS was an. action of assumpsit,, brought to recover money paid by the plaintiff, as. surety for the defendant. The cause was. tried- at the .New York sittingsy in May, 1815, before his honour the chief justice. The defendant entered into a contract with the royal administration oí tobacco, at Lbtbccbs, tor the purchase and exportation °f a i-arge qwa-nti:ty (1,500- quintals)- of tobacco,; -which was an Article of royal monopoly, and could only _bé purchased from. Jh© .government, or; its ’.agénts.; He, afterwards, executed- á bond or obligation, with the. plaintiff as his suréty, to the…
1Opinion of the Court
Thompson, Ch. J.,
delivered the Opinion of thé court; The right of the plaintiff to retain the verdict, found in his favour, Will depend principally upon the question, whether there was ‘competent and sufficient evidence of his having become security ■for the defendant, arid that he had páid the money alleged to have been paid on that account ?
It is. Unnecessary tb examine miriutely thé proof that was before thé court at the time application was made for a nonsuit; for, admitting there Was ndt evidence enough,’ at that time, to warrant a recovery, yet, if the deficiency was afterwards…
2Cited by27 opinions
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- Poole & Co. v. RiceWest Virginia Supreme Court · 1876
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