Sawyer v. Lyon
New York Supreme Court
THIS was an action of assumpsit. The declaration contained the common money counts. The defendant gave a cognovit actionem, subject to the opinion of the court, on the following case: ^ I°t °f land, containing 160 acres, was mortgaged by Pease, the owner, to the people of the state, on the 3d of October, 1797, for securing the payment of 561 dollars and 81 cents.' Subsequent to the mortgage the plaintiff purchased of Pease 60 acres, pai¡|. 0f the lot; and the defendant also…
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THIS was an action of assumpsit. The declaration contained the common money counts. The defendant gave a cognovit actionem, subject to the opinion of the court, on the following case: ^ I°t °f land, containing 160 acres, was mortgaged by Pease, the owner, to the people of the state, on the 3d of October, 1797, for securing the payment of 561 dollars and 81 cents.' Subsequent to the mortgage the plaintiff purchased of Pease 60 acres, pai¡|. 0f the lot; and the defendant also purchased of Pease 53 acres, part of the same lot. The defendant, at 'the time of the purchase, gave Pease a bond to…
1Per curiam
It does not appear from the case, that the plain. tiff has even paid his proportional share of the debt, cbarged upon the lot; and, therefore, he has not shown a right to recover from the defendant any proportional part of the money he has paid. Had the plaintiff paid more than his just proportion, he would then, no doubt, have been entitled to have called upon the defendant for contribution of his aliquot share, or such part of it as had been paid; and this, upon a clear principle of equity, which is Sully illustrated in the books, and was well known, and quite familiar, as Lord Coke admits,…
2Cited by1 opinion
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