Abell v. Douglass
New York Supreme Court
Assumpsit, tried at the Erie circuit, in July, 1843, before Dayton, C. Judge. The plaintiff claimed to recover, 1. The amount of a promissory note made by the defendant, March 24, 1836, for $500, as to which there was no controversy; 2. The sum of $250 paid by the plaintiff in part satisfaction of a note which the defendant had given, with several other persons to one Reed, with interest thereon; and 3. The sum of $800 and interest thereon, being the amount of a promissory…
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Assumpsit, tried at the Erie circuit, in July, 1843, before Dayton, C. Judge. The plaintiff claimed to recover, 1. The amount of a promissory note made by the defendant, March 24, 1836, for $500, as to which there was no controversy; 2. The sum of $250 paid by the plaintiff in part satisfaction of a note which the defendant had given, with several other persons to one Reed, with interest thereon; and 3. The sum of $800 and interest thereon, being the amount of a promissory note which the plaintiff gave the defendant on the 26th of March, 1836, and which the plaintiff had paid, but claimed to…
1Opinion of the Court
By the Court, Beardsley, J.
On the purchase of the defendant’s right to the land in Erie, or his interest in the speculation, whichever it should be called, the plaintiff engaged to pay the defendant’s share of the note for $2000 which had been *309given when the land was purchased, and which share amounted to $250. He also engaged to pay the defendant three sums of $800 each, for which three promissory notes, at four, eight and twelve months, were then given. The $250 were duly paid, as also was the first of the three notes, and for these two sums the plaintiff seeks to recover in this action.
Thes…
2Cases cited2 opinions
- Ewing v. TeesSupreme Court of Pennsylvania · 1808
- Bell v. AndrewsSupreme Court of the United States · 1796
3Cited by17 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Norris v. HarrisCalifornia Supreme Court · 1860
- Knox v. . JonesNew York Court of Appeals · 1872
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Crouch v. HallIllinois Supreme Court · 1853
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