Pearl v. Wells
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. On the second day of February, 1824, in consideration of Pearl paying the costs of a suit commenced against him by Wells, and also paying Wells $8, the amount of an account demanded by him, the justice of which Pearl denied, Wells agreed to delay payment on a note of $30, which he held against Pearl, due in 1820, and not to sue on the same for jive months.
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Error from the supreme court. On the second day of February, 1824, in consideration of Pearl paying the costs of a suit commenced against him by Wells, and also paying Wells $8, the amount of an account demanded by him, the justice of which Pearl denied, Wells agreed to delay payment on a note of $30, which he held against Pearl, due in 1820, and not to sue on the same for jive months. In violation of this agreement, Wells, nine days after the agreement, commenced a suit before a justice on the note. Pearl pleaded the agreement in bar, and on the trial before the justice, offered to prove it;…
1Opinion of the Court
The following opinion was delivered :
By the Chancellor.
The defendant Wells, for a good and valuable consideration, agreed with the plaintiff Pearl to wait upon him for the payment of a note then due for the period of five months from the date of the agreement. A few days after, he brought a suit on the note, and this agreement was set up by way of defence; it was overruled by the court, and the amount of the note was recovered against Pearl. The latter then brought this suit for a breach of the agreement, and recovered in the court of common pleas of Washington county. On a writ of error to…
2Cases cited1 opinion
- Keating v. PriceNew York Supreme Court · 1799
3Cited by3 opinions
- Watson v. RandallNew York Supreme Court · 1838
- Oakley v. AspinwallNew York Court of Appeals · 1851
- Hunt v. BloomerThe Superior Court of New York City · 1856