Perkins v. Gilman
Massachusetts Supreme Judicial Court
Assumpsit. The action was brought on the 24th of July, 1826, the service being by an attachment of the defendant’s interest in certain real estate. The sixth count was upon a promissory note dated at New York, March 26th, 1825, for 787 dollars and 50 cents, payable in six months to T. G. & W. F. Cary, and by them indorsed to the plaintiffs.
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Assumpsit. The action was brought on the 24th of July, 1826, the service being by an attachment of the defendant’s interest in certain real estate. The sixth count was upon a promissory note dated at New York, March 26th, 1825, for 787 dollars and 50 cents, payable in six months to T. G. & W. F. Cary, and by them indorsed to the plaintiffs. The defendant pleaded, that after the making of the note and before it was indorsed to the plaintiffs, viz. on the 15th of October, 1825, T. G. & W. F. Cary, by a letter of license of that date signed with the partnership name by T. G. Cary, and sealed…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. It is a well settled principle, that a covenant never to sue an existing demand is equivalent to a release ; not that such a covenant is in fact a release, but it is allowed so to operate, to avoid circuity of action. But a covenant not to sue for a limited time does not operate as a release, nor can it be pleaded in bar in an action upon an obligation or other demand. Bac. Abr. Covenant, L; Ayloffe v. Scrimpshire, Carth. 64; S. C. 1 Show. 46 ; S. C. 2 Salk. 573; 2 Saund. 48, in notis; Gibson v. Gibson, 15 Mass. R. 112. And in an action of…
2Cases cited4 opinions
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- White v. DingleyMassachusetts Supreme Judicial Court · 1808
- Winans v. HustonNew York Supreme Court · 1831
- Lane v. OwingsCourt of Appeals of Kentucky · 1813