Inman v. Griswold
New York Supreme Court
Judgment and ca. sa. on bond and warrant of attorney, upon which the defendant was imprisoned. The plaintiff, holding a note of $1372,78, against the defendant, indorsed by one Ash, on the 5th June, 1820, took of the defendant the bond and warrant, with a penalty, conditioned to pay that sum.
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Judgment and ca. sa. on bond and warrant of attorney, upon which the defendant was imprisoned. The plaintiff, holding a note of $1372,78, against the defendant, indorsed by one Ash, on the 5th June, 1820, took of the defendant the bond and warrant, with a penalty, conditioned to pay that sum. At the same time, supposing the defendant and the indorser to be insolvent, the defendant representing this to be the fact, and expressing an intention to get himself discharged under the insolvent act, the following agreement was executed by the parties: “ Agreement, made this 5th day of June, 1820,…
1Opinion of the Court
Curia.
This is not an application to be relieved from a1 penalty, under the equitable power of the Court. The defendant asks us to discharge him from the real debt, upon-the ground that he had agreed to pay, and the plaintiff to accept, a less sum by a given day; though there was an utter default in paying, or attempting to pay that sum, until long after the day. Suppose the whole of this matter had been written in the condition, how would it read there ? It would: _ihen be to pay the real debt of $1378 : but if 250 dollars are paid by the given time, then this real debt to be void otherwise…
2Cited by2 opinions
- Park v. Church & AtwellNew York Supreme Court · 1851
- Elliott v. HartMichigan Supreme Court · 1881