Cornell v. Lamb
New York Supreme Court
IN ERROR, to.the Court of Common Pleas of the county or Saratoga. Lamb brought an action of assumpsit against Cornell, in the Court below, for the use and occupation of a dwelling house and lot of land. The defendant pleaded non-assumpsit. It was proved, at the trial, in January, 1821, that the defendant had occupied the premises for six years, and that the annual rent was 25 dollars.
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IN ERROR, to.the Court of Common Pleas of the county or Saratoga. Lamb brought an action of assumpsit against Cornell, in the Court below, for the use and occupation of a dwelling house and lot of land. The defendant pleaded non-assumpsit. It was proved, at the trial, in January, 1821, that the defendant had occupied the premises for six years, and that the annual rent was 25 dollars. A witness for the defendant, testified, that the plaintiff told him, that he had made a settlement with the defendant for the rent and other accounts, and taken his due-bill for 114 dollars; and that, since…
1Opinion of the CourtWoodworth, J.
It is well settled, as a general rule, that an acceptance by a creditor of a higher security than he had before, is an extinguishment of the first debt i as where a bond, or other seen-, rity under seal, has been accepted in satisfaction of a simple contract: but the acceptance of a bond for rent, is no extinguishment, because the rent issuing out of the realty, is of as high a nature; though a judgment obtained, on the bond would extinguish the demand. (3 Bac. Ab. 107. tit. Extinguishment, D. 1 Chitty's Pl. 96.) This general doctrine will not be questioned j but it may be contended, that it…
2Cited by6 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Payne v. . BeckerNew York Court of Appeals · 1881
- Barnes v. CamackNew York Supreme Court · 1847
- Campbell v. NixonIndiana Court of Appeals · 1891
- Hornbrooks v. LucasWest Virginia Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.