Day & Penfield v. Leal & Leal
New York Supreme Court
THIS was an action of assumpsit, and was tried before V J Mr. J. Platt, at the Delaware circuit, in June, 1817. The plaintiffs gave in evidence two promissory notes, payable to them, and executed by the defendants, one for 1951 dollars and 61 cents, and the other for 279 dollars and 46 cents, The defendants offered in evidence, under the general issue, in bar of the action, the following writing: “ Whereas Robert Leal, (one of the defendants) has executed to us (the…
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THIS was an action of assumpsit, and was tried before V J Mr. J. Platt, at the Delaware circuit, in June, 1817. The plaintiffs gave in evidence two promissory notes, payable to them, and executed by the defendants, one for 1951 dollars and 61 cents, and the other for 279 dollars and 46 cents, The defendants offered in evidence, under the general issue, in bar of the action, the following writing: “ Whereas Robert Leal, (one of the defendants) has executed to us (the plaintiffs,) a bond, dated this day, for 5,000 dollars, conditioned to pay ’ 2,500 dollars, and also a warrant of attorney of…
1Per curiam
The receipt given by the plaintiffs, which acknowledged the giving of the bond and warrant of attorney by Robert Leal, to .the plaintiffs, was sufficient evidence of the existence of such bond and warrant, without the production of them. This was not barely a receipt for the bond,and warrant, but contained the terms and conditions upon which they were-given, and upon which the judgment to be entered up thereon was to become void. The question is, whether such bond was an extinguishment of the simple contract debt. We think it was not; it is very evident it was not intended, by the giving of…
2Cited by18 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Peter v. BeverlySupreme Court of the United States · 1836
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- Kelsey v. . WesternNew York Court of Appeals · 1849
- President of the Bank of Chenango v. HydeNew York Supreme Court · 1825
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