Dawson v. Coles
New York Supreme Court
THIS was an action of covenant, on a sealed note or instrument, dated the 12th of June, 1815, by which the defendant covenanted to pay the plaintiff, or his heirs, two years after date, the sum of 250 dollars.
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THIS was an action of covenant, on a sealed note or instrument, dated the 12th of June, 1815, by which the defendant covenanted to pay the plaintiff, or his heirs, two years after date, the sum of 250 dollars. The defendant pleaded, 1. Non est factum: 2. Payment: 3. A release : 1 ^ J and, 4. That before the commencement of this action, to • i wit, on the 24th of June, 1817, the plaintiff brought an action in the Justice’s Court of the city of New-York, for the sum of 100 dollars, upon the very same identical writing, covenant or agreement before mentioned, and that such proceedings were…
1Opinion of the CourtSpencer, J.
Two points were made : 1. That the assignment of the sealed obligation to Brady, not being under seal, no interest passed; 2. That the judgment and proceeding in the Justice’s Court, was a bar to this suit.
It has even been doubted, whether a freehold interest in land might not be conveyed by writing without seal. This Court has decided, that a lease for years may be assigned without seal; and, in Runyan v. Mersereau, (11 Johns. Rep. 538.) we held, that a mortgage might be assigned by parol, accompanied with a delivery. There is no foundation for this objection.
This Court has repeatedly…
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