Wells v. Baldwin
New York Supreme Court
THIS was an action of debt, for the penalty of a bond. The defendant craved oyer, and set out the bond and condition. The bond, dated the 18th of May, 1817, was for the penal sum of 700 dollars, conditioned for the payment * . vil r J of 350 dollars, as follows., to wit: 100 dollars on the 15th of Jlugust next; 200 dollars on the 1st of November next, and 50 dollars on the 1st of January next.
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THIS was an action of debt, for the penalty of a bond. The defendant craved oyer, and set out the bond and condition. The bond, dated the 18th of May, 1817, was for the penal sum of 700 dollars, conditioned for the payment * . vil r J of 350 dollars, as follows., to wit: 100 dollars on the 15th of Jlugust next; 200 dollars on the 1st of November next, and 50 dollars on the 1st of January next. The defendant then pleaded, I. JVora est factum ; 2. That the bond, together with a mortgage of the same date, on fifty acres of land, were given as collateral security for the performance, on the part…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. If the facts set forth in the plea demurred to, really exist, L regret to say, that a court of law is not competent to afford the defendant relief.
In the case of Mease v. Mease, [Cowp. 47.) the action was debt on a bond conditioned for payment at a certain day; plea, that it was given as an indemnity to the plaintiff’s testator against another bond, and plaintiff not damnified, and ondemurrer to this plea, the question was, whether the agreement stated in the plea could be given in evidence against the express condition of the bond. It was…
2Cited by6 opinions
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Erwin v. SaundersNew York Supreme Court · 1823
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Jackson ex dem. Dox v. JacksonNew York Supreme Court · 1825
- Hirsch v. Graves Elevator Co.New York Supreme Court · 1898
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