Thompson v. Davies
New York Supreme Court
THIS was a motion in arrest of judgment. The declaration # 4 . . was *n assu^psit, and contained six counts, on a special agree. ment.
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THIS was a motion in arrest of judgment. The declaration # 4 . . was *n assu^psit, and contained six counts, on a special agree. ment. The first count stated, that on the i 1th of July, Í808, a fi.fa.was'issued out of this court, at the suit of the plaintiff, against one Doughty, for 765 dollars debt, and 14 dollars and 60 cents ■damages, to the sheriff of the county of Dutchess,- by an endorsement on which the sheriff-was directed to levy 381 dollars and 87 cents debt, with interest, and 17 dollars and 91 cents costs ; and that, on the 11th of July, 1808, another /. fa. was issued out.of…
1Opinion of the Court
Spence#, ;J.,
delivered the opinion, of the'court.
This case is not distinguishable, from that of Jones v. Caswell, (3 Johns. Cas. 29.,) but by the circumstánce that Doughty was indebted to the plaintiff beyond the sum for which he had obtained judgment and execution, and by the further' circum-, stance that he yms indebted to the defendant., The consideration for the..defendantV,promise' was, a forbearance, on the' part of .the plaintiff, to bid, at the sale on the execution in, favour•of the Bunk- -of. -Columbia, on. the lands of Doughty ; and, also; that the plaintiff should bid, on. the…
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