Conkey v. Hopkins
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court, Hopkins sued Conkey, in the court below, for damages for a breach of contract. The plaintiff' below" had bound himself to Pay a certain sum, annually, to the trustees of the First Pres-by ferian Society in Milford, towards the support of the defendant below as a gospel minister in that society.
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IN ERROR, on certiorari to a Justice’s Court, Hopkins sued Conkey, in the court below, for damages for a breach of contract. The plaintiff' below" had bound himself to Pay a certain sum, annually, to the trustees of the First Pres-by ferian Society in Milford, towards the support of the defendant below as a gospel minister in that society. The defendant, then, for the consideration of 25 dollars, verbally agreed to save harmless, and indemnify the plaintiff' against all claims arising from his subscription to the minister’s salary. The trustees of the society, to whom the subscription money…
1Per curiam
This is not a case within the statute requiring a note in writing, to charge one person with the debt or default of another; it is not pretended that the defendant below was bound to the trustees. It is equally clear, that the rule of damages adopted by the justice was correct. It was not necessary for the plaintiff to prove an actual payment of the money by him to the trustees, after the judgment. The contract of indemnity was broken as soon as the plaintiff was sued by the trustees; and the judgment fixes, definitively, the amount which he is compellable to pay. The plaintiff does not stand…
2Cited by7 opinions
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- Block v. GreenfieldCity of New York Municipal Court · 1930
- Post v. GeogheganNew York Court of Common Pleas · 1874
- Connor v. WilliamsThe Superior Court of New York City · 1864
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