Murray v. Bethune
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit, in January, 1827, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of assumpsit, tried at the New-York circuit, in January, 1827, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiffs claimed to recover of the defendant a contributoiy share of an advance alleged to have been made by them to John R. Wheaton, under an instrument in the following words: “ We, the undersigned, do severally and not jointly, hereby agree to guarantee and be accountable for the repayment of all such sum or sums of money, not exceeding in the whole the amount respectively affixed to our names, which may be lent and advanced by any person or…
1Opinion of the Court
By the Court,
Sutherland, J.
A new trial is moved for on two grounds: 1. That the judge ought to have permitted John R.' Wheaton, a witness for the plaintiffs, to testify as to his understanding of the agreement between him and the plaintiffs; 2. That the plaintiffs were at all events entitled to a verdict for the amount which was admitted to be due, and from which the defendant claimed to have been discharged by the payment of money into court by the testator.
As to the first point, the judge decided that the plaintiffs might go into proof of any thing either said or done, either before or…
2Cited by16 opinions
- Wilson v. . DoranNew York Court of Appeals · 1888
- Mann v. . SproutNew York Court of Appeals · 1906
- Dillenback v. The Rossend CastleDistrict Court, S.D. New York · 1887
- Voss v. McGuireMissouri Court of Appeals · 1887
- Ye Seng Co. v. Corbitt & MacleayDistrict Court, D. Oregon · 1881
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