Mackintosh v. Fatman
This text of 38 How. Pr. 145 (Mackintosh v. Fatman) 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.
Opinion
Assuming that the rent is a debt or liability of the firm of Myers, Canfield & Co., I think that the complaint does not show a right in the plaintiffs to bring- an action on the bond, and therefore, that it does not show a cause of action by the plaintiffs against the defendant.
The plaintiffs were not parties to the bond, and there is no privity of contract between them and the obligors, or the surviving obligor.
The case made by the complaint is not the case of A. promising B. to pay C. (a named, specified third party,) a certain specified sum of money. ■
There must be judgment for the defendant on the demurrer, with costs.
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Cite This Page — Counsel Stack
38 How. Pr. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackintosh-v-fatman-nysupct-1869.