Leonard v. Giddings
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court Leonard sued Giddings before the justice, on a written instrument, recommending one Potter, and promising if Leonard would let P. have a barrel of pork, he, Giddings, would be responsible with P. for the same. The cause was tried by a jury. The plaintiff proved the promise and the delivery of the pork to P. to the value of 13 dollars and yd cents.
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IN ERROR, on certiorari, from a justice’s court Leonard sued Giddings before the justice, on a written instrument, recommending one Potter, and promising if Leonard would let P. have a barrel of pork, he, Giddings, would be responsible with P. for the same. The cause was tried by a jury. The plaintiff proved the promise and the delivery of the pork to P. to the value of 13 dollars and yd cents. The defendant then proved that the plaintiff had sued Potter for the pork, and recovered judgment against him, on which an execution had issued, which was returned nulla bona. But though no levy was…
1Per curiam
The defendant below was liable to the plaintiff upon his special promise, as it was in writing, and as it was supported by the consideration expressed upon the face of the agreement. Being liable, the matter set up as a defence was np discharge, for it was no satisfaction or payment of the debt. The plaintiff having pursued Poller to judgment and execution, without effect, was not bound to prosecute the constable, merely because lie might have rendered himself liable for the debt.
Judgment reversed,
2Cited by2 opinions
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- Thomas v. RisleyAppellate Terms of the Supreme Court of New York · 1898