Blair v. Reid
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by A. L. Reid and others, composing firm of Reid, Sprague & Co., against A. C. Blair, John G. Logue, and Isam Tooke, commenced March 4th, 1857, on a promissory note for $3000, signed by Blair, payable to Logue or order, and assigned to Tooke, by whom it was assigned to plaintiffs.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by A. L. Reid and others, composing firm of Reid, Sprague & Co., against A. C. Blair, John G. Logue, and Isam Tooke, commenced March 4th, 1857, on a promissory note for $3000, signed by Blair, payable to Logue or order, and assigned to Tooke, by whom it was assigned to plaintiffs. The note was dated December 29th, 1852; was payable on or before the first day of March, 1857 ,* and bore interest at the rate of ten per cent, from date. Defendants “ moved to dismiss the cause” on the ground that it was premature, “ the parties…
1Opinion of the CourtWheeler, J.
In the Courts of Common Law it is held that a covenant not to sue upon a contract, for a limited time, is not pleadable in bar or suspension of an action upon such contract. It does not suspend the creditor’s action, and the debtor’s remedy is by suit upon the covenant. (15 Mass. 112: 8 Pick. 229 ; 11 Id. 159, 160; 6 Wend. 471; 3 M. & W. 210.) By some Courts this rulé is held not to apply to actions of assumpsit, a covenant not to sue for a time certain, being there held to be a bar during that time. (2 Parsons on Cov. 219, 220.) And so, I apprehend, it must be held in all cases in our…
2Cases cited1 opinion
- Winans v. HustonNew York Supreme Court · 1831