Hess v. Fox
New York Supreme Court
This was an action of assumpsit, tried at the Herkimer circuit in March, 1830, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of assumpsit, tried at the Herkimer circuit in March, 1830, before the Hon. Nathan Williams, one of the circuit judges. The plaiiltiff declared on a special agreement, that being indebted to Frederick Fox, the testator of the defendant, in the sum of $400, the payment of which was secured by a bond and mortgage executed by the plaintiff to Fox, it was agreed that the plaintiff should convey by an absolute deed, and deliver up the mortgaged premises to Fox; and that Fox should discharge the plaintiff from the payment of the $400, cancel the bond and mortgage, sell the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
That the judge was correct in rejecting the paper offered in evidence by the defendant cannot admit of a doubt. Had it been shewn to have been made by F. Fox at the date of the deed from the plaintiff, it would not have disproved the evidence on the part of the plaintiff
From the arguments of counsel, it seems the decision of the judge upon the points made for a motion for a nonsuit was excepted to, and I proceed therefore to discuss them. 1. The first is that of variance. The answer given by the plaintiff’s counsel is that it is immaterial, as the statement of the…
2Cases cited1 opinion
- Morgan v. PlumbNew York Supreme Court · 1832
3Cited by30 opinions
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- Randall v. ConstansSupreme Court of Minnesota · 1885
- Carr v. LeavittMichigan Supreme Court · 1884
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
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