Covell v. Weston
New York Supreme Court
THIS was an action of assumpsit against four defendants, two of whom were returned, not found. The declaration, which was filed in May term, 1821, stated, that SteP^-en Weston, of whom the defendants are heirs, in his lifetime, to wit, on the 29th of October, 1808, at, &tc., made a certain instrument m writing, &c., to the plamtifl, and thereby promised to pay to the plaintiff 200 dollars, in neat stock, without interest, if the title to a certain tract of land in Junius,…
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THIS was an action of assumpsit against four defendants, two of whom were returned, not found. The declaration, which was filed in May term, 1821, stated, that SteP^-en Weston, of whom the defendants are heirs, in his lifetime, to wit, on the 29th of October, 1808, at, &tc., made a certain instrument m writing, &c., to the plamtifl, and thereby promised to pay to the plaintiff 200 dollars, in neat stock, without interest, if the title to a certain tract of land in Junius, being 100 acres in the north-east corner of lot No. 41., in Junius, should fail; the said sum t0 be paid when the title…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The plaintiffs have taken three objections to the plea; 1st. That it shows the certainty of assets when the suit was commenced, at which time, it is urged, the plaintiff’s lien became perfect; 2d. That the heirs cannot avail themselves of a sale by the administrator, because, they ought to have appeared before the Judge of Probates, and objected to a decree; and, 3. That it is bad in law.
If we are to understand, by the first objection, that the plea is bad, because it sets forth the occurrence of events happening after the action brought, but…
2Cases cited1 opinion
- Ricard v. WilliamsSupreme Court of the United States · 1822
3Cited by16 opinions
- Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Platt v. . PlattNew York Court of Appeals · 1887
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- Boyd v. WeeksNew York Supreme Court · 1845
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