Hatch v. Peet
New York Supreme Court
PPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint alleged that on the 7th day of January, 1853, the defendants and Nelson Peet, deceased, executed and delivered to Polly M. Hatch and Elmore A. Hatch, a bond, of which the following is a copy: “ Know all men by these presents, that we, Nelson Peet, Harmon H. Peet, Silas C. Peet, Norman C. Peet and Silas Dunham are held and firmly bound unto Polly M. Hatch and Elmore A. Hatch, in…
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PPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint alleged that on the 7th day of January, 1853, the defendants and Nelson Peet, deceased, executed and delivered to Polly M. Hatch and Elmore A. Hatch, a bond, of which the following is a copy: “ Know all men by these presents, that we, Nelson Peet, Harmon H. Peet, Silas C. Peet, Norman C. Peet and Silas Dunham are held and firmly bound unto Polly M. Hatch and Elmore A. Hatch, in the penal sum, of two thousand dollars, to be paid to the said Polly M. and Elmore A., for the which payment well and…
1Opinion of the Court
By the Court, T. R. Strong, J.
The performance of the several acts specified in the condition of the bond to be performed, by the persons therein named, was a condition precedent to a right of action on the bond, against the defendants ; and consequently essential to be stated in the complaint to disclose a cause of action. . By section 162 of the code, a simple and easy mode of stating performance in such cases is furnished ; it being declared by the section, that “ in pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such…
2Cases cited7 opinions
- Richards v. EdickNew York Supreme Court · 1853
- Seeley v. EngellNew York Supreme Court · 1854
- De Witt v. SwiftNew York Supreme Court · 1848
- Smith v. BrownNew York Supreme Court · 1854
- Thomas v. Van NessNew York Supreme Court · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Daggitt v. MenschIllinois Supreme Court · 1892
- Smith v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Parks v. HemanMissouri Court of Appeals · 1879
- Clark v. BoweThe Superior Court of New York City · 1880
- Shearman v. HartNew York Court of Common Pleas · 1862
1 more not listed; retrieve them via the Exa API.