Legal Opinion

Frost v. Everett

New York Supreme Court

Decided May 15, 1826PublishedCited by 5 opinions

Assumpsit on an agreement in writing, dated June 20th, 1820, by which the defendant, for value received, promised to pay the plaintiffs on demand, 448 gallons of whiskey; tried at the Onondaga circuit, July 1823, before Throop, C. Judge.

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Assumpsit on an agreement in writing, dated June 20th, 1820, by which the defendant, for value received, promised to pay the plaintiffs on demand, 448 gallons of whiskey; tried at the Onondaga circuit, July 1823, before Throop, C. Judge. The defendant set up, as a defence, and proved, though the evidence was objected to, that before the written agreement was executed, he had become surety with the plaintiffs for a considerable debt due by them inNew York, which had since, and after the assignment of the agreement, been collected of him; that when the agreement was given, he objected, on…

1Opinion of the Court

Curia, per Sutherland, J.

The agreement on the part of the plaintiffs, not to dispose cf, or call for the payment of the note on which this suit was brought, until the NewYorlc debts, for the payment of which the defendant had become security for the plaintiffs, were settled, was made at the time of giving the note. It was not a subsequent agreement to enlarge the time of payment. The defendant objected to giving the note, on the groun d that he was holden for the New York debts ; the plaintiffs then declared that they would not dispose of, or call for payment of this note, until the New York…

2Cases cited2 opinions

  1. Fleming v. GilbertNew York Supreme Court · 1808
  2. Wilt & Green v. OgdenNew York Supreme Court · 1816

3Cited by5 opinions

  1. Clark v. DalesNew York Supreme Court · 1855
  2. The Ontario Bank v. . HennesseyNew York Court of Appeals · 1872
  3. Cummings v. ArnoldMassachusetts Supreme Judicial Court · 1842
  4. Hunt v. BloomerThe Superior Court of New York City · 1856
  5. Bull'S Head Bank v. KoehlerNew York Marine Court · 1878

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