Russell v. Rogers
New York Supreme Court
Demurrer to replication. The plaintiffs declared in coveriant, for that on the 8th March, 1821, the defendant assigned to them a bond and warrant of attorney given by William Jinks and Lyman Jinks, to secure the payment of $600, and authorized judgment to be entered thereon and the money to be collected ; and covenanted that the Jinks should pay the judgment so to be entered, or that, on their default, he would pay it, and that the plaintiffs should collect the whole amount…
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Demurrer to replication. The plaintiffs declared in coveriant, for that on the 8th March, 1821, the defendant assigned to them a bond and warrant of attorney given by William Jinks and Lyman Jinks, to secure the payment of $600, and authorized judgment to be entered thereon and the money to be collected ; and covenanted that the Jinks should pay the judgment so to be entered, or that, on their default, he would pay it, and that the plaintiffs should collect the whole amount either from the Jinks or from him the defendant. The plaintiffs then aver, that they caused a judgment to be entered by…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The facts set forth in the pleadings show a gross case of fraud upon the plaintiffs; if they are remediless, there must be some great defect in our system of jurisprudence.
When this cause was before us upon a former occasion, 10 Wendell, 477, the replication merely averred that the amount set opposite to the plaintiffs’ names in the composition deed was $922,18, and that that amount was a debt wholly distinct and different from the demand set forth in the declaration. The question presented by that replication was, whether the deed, which in terms embraced all…
2Cases cited1 opinion
- Russell & Hall v. RogersNew York Supreme Court · 1833
3Cited by10 opinions
- Almon v. . HamiltonNew York Court of Appeals · 1885
- United States v. JacobySuperior Court of Delaware · 1905
- Smith v. SalomonNew York Court of Common Pleas · 1877
- Bishop v. QuintardSupreme Court of Connecticut · 1847
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
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