Reed v. Drake
New York Supreme Court
Error, from the New-York common pleas. Drake sued Reed in the common pleas of New-York in the term of August, 1830, and declared in debt on bond, bearing date the 16th June, 1830, for the sum of $500. The defendant pleaded, 1. non est factum; and 2. That at the commencement of the suit the plaintiff was indebted to him in $500, by virtue of a bond executed by the plaintiff to the defendant, to be paid when the plaintiff should be thereto afterwards requested, and which the…
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Error, from the New-York common pleas. Drake sued Reed in the common pleas of New-York in the term of August, 1830, and declared in debt on bond, bearing date the 16th June, 1830, for the sum of $500. The defendant pleaded, 1. non est factum; and 2. That at the commencement of the suit the plaintiff was indebted to him in $500, by virtue of a bond executed by the plaintiff to the defendant, to be paid when the plaintiff should be thereto afterwards requested, and which the defendant averred himself ready and willing to set-off, and offered to set-off and allow against the plaintiff’s bond.…
1Opinion of the Court
By the Court,
Nelson, J.
The bond offered in evidence by the plaintiff was signed and sealed before the condition, immediately after the penal part of the bond, and the reading of the condition was objected to as being no part of the bond. In the stage of the trial when the objection was made, the proof *349of the condition was immaterial, and if the objection was sound the evidence was complete to support the declaration; but if the condition was material, the proof of its execution and delivery was sufficient. The subscribing witness swore that mu. tual bonds, of which this was one, were executed…
2Cases cited2 opinions
- Williams v. DelafieldNew York Supreme Court · 1805
- Fish v. StoughtonNew York Supreme Court · 1801
3Cited by12 opinions
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- Yale v. CoddingtonNew York Supreme Court · 1839
- Fournier v. CyrSupreme Judicial Court of Maine · 1874
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