Leonard v. Giddings

New York Supreme Court

Leonard v. Giddings

9 Johns. 355

CourtNew York Supreme Court

DecidedOctober 15, 1812

StatusPublished

Cited by2 cases

This text of 9 Johns. 355 (Leonard v. Giddings) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leonard v. Giddings, 9 Johns. 355 (N.Y. Super. Ct. 1812).

Pincite

Opinion

Per 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,

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Per 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,

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Bluebook (online)

9 Johns. 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-giddings-nysupct-1812.

Opinion

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