Pabodie v. King
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. This was an action of assumpsit, brought by King, the plaintiff below, against Pabodie, the defendant below. The grounc¡ Dfthe plaintiff’s claim was, that he and one Perry were indebted, by their joint promissory note, to Pabodie, for 100 bushels of wheat.
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IN ERROR, on certiorari to a justice’s court. This was an action of assumpsit, brought by King, the plaintiff below, against Pabodie, the defendant below. The grounc¡ Dfthe plaintiff’s claim was, that he and one Perry were indebted, by their joint promissory note, to Pabodie, for 100 bushels of wheat. The note being due and recoverable in money, the defendant called on the plaintiff beloWj and promised, that if he would pay him fifty dollars on the note, he would forbear to sue him until" he had endeavoured to collect the balance of the note by a suit against Perry ; the plaintiff,…
1Per curiam
The promise to forbear was a nudum pactum, In paying the fifty dollars, King did no more than he was legally bound to doand the promise, on the part of Pabodie, waS without any benefit to him, and occasioned no loss to King,
Judgment reversed.
2Cited by15 opinions
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Converse v. KelloggNew York Supreme Court · 1850
- Kellogg v. . OlmstedNew York Court of Appeals · 1862
- Hartman v. DannerSupreme Court of Pennsylvania · 1873
- State ex rel. Clark, Dodge & Co. v. City of DavenportSupreme Court of Iowa · 1861
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