Underwood v. Morgan
New York Supreme Court
THIS was an action of assumpsit. The declaration contained, besides the usual money counts, a special count on the following written agreement: “ Received, Lansingburgh, 2!st of August, 1809, of John Underwood, fifty dollars in cash, and his bond for 150 dollars, which, when paid, is to be in full of three judgments, in my favour, against Samuel Garlick, formerly of New Haven, in the state of Vermont, an absconding; debtor, and Seih Garlick, as trustee to the said Samuel,…
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THIS was an action of assumpsit. The declaration contained, besides the usual money counts, a special count on the following written agreement: “ Received, Lansingburgh, 2!st of August, 1809, of John Underwood, fifty dollars in cash, and his bond for 150 dollars, which, when paid, is to be in full of three judgments, in my favour, against Samuel Garlick, formerly of New Haven, in the state of Vermont, an absconding; debtor, and Seih Garlick, as trustee to the said Samuel, for the sum of 271 dollars and 22 cents, with interest; which said judgments are to be assigned over to the said…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The motion to set aside the nonsuit in this case must be denied. There has been no violation of the special agreement upon which the action is brought, when construed according to its true import, and its legal effect and operation. It was proved by the plaintiff, that the judgments assigned by the defendant to him, xvere obtained in the state of Vermont. Although the judgments were void in this state, so that no action could be maintained upon them here, that was no breach of the stipulation in the assignment. Nothing appears showing that…
2Cited by1 opinion
- Nash v. . the PeopleNew York Court of Appeals · 1867