Keep v. Goodrich
New York Supreme Court
THIS was an action of assumpsit. The declaration contain-fed three counts. The first stated, that certain differences having arisen between the plaintiffs, as executors of Nathan Hale, deceased, and the defendant, concerning a promissory note, made by the defendant to their testator, dated the 7th day of February, 1797, by1 which the defendant promised to pay him, for value received, 69Z. 3s. 8d. lawful money, on demand, with law-p , . . . ’ iUl interest, at six per cent.,…
Read the full summary
THIS was an action of assumpsit. The declaration contain-fed three counts. The first stated, that certain differences having arisen between the plaintiffs, as executors of Nathan Hale, deceased, and the defendant, concerning a promissory note, made by the defendant to their testator, dated the 7th day of February, 1797, by1 which the defendant promised to pay him, for value received, 69Z. 3s. 8d. lawful money, on demand, with law-p , . . . ’ iUl interest, at six per cent., in certain liquidated securities given _ ^ 1 1 b foy the treasurer oí Connecticut: and that to put an end to such v . ' 1…
1Opinion of the CourtSpencer, J.
It is very clear, that Elmore did not act as the private agent of the defend*400ant, in' adjusting the claim made on him by the plaintiffs. He made- a formal award between the parties, '"and- refused to act, the plaintiffs agreed to be bound also.' 'The eou-nt on an, insimul computassmt cannot be maintained, * .
• The real question is, whether the defendant is bound by the award, it appearingblearly in evidence, that the plaintiffs’ f-e-fused to be concluded by'it, up to the 3.8th of January, 1814, Subsequent to that time, the plaintiffs agreed to be bound by the award; but the defendant’s…
2Cited by9 opinions
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- Reynolds v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1895
- Houser v. HobartIdaho Supreme Court · 1912
- Dayton, Watervleit Valley & Xenia Turnpike Co. v. CoyOhio Supreme Court · 1861
- Aldrich v. AldrichAppellate Court of Illinois · 1931
4 more not listed; retrieve them via the Exa API.