1 Barb. 185
Decided September 30, 1847
New York Supreme Court · decided 1847-09-30
Covenant on a charter-party. At the trial, before Kent, C. Judge, at the New-York circuit in October, 1844, the defendants Drew, Dunlop, Stevens and J. C. Heartt, severally pleaded in bar, puis darrein continuance, a general release from the plaintiff to J. C. Heartt and the legal representatives of K» P. Heartt deceased, two of the covenantors.
Cited by 2 later decisions — most recently October 1867
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1847-09-30
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¶1The release pleaded does not fall within the provisions of the act of 1838. It must be construed with reference to the common law; and viewed in that light, it is a discharge of all the defendants.
¶2Judgment for the defendants on the demurrer; with leave to the plaintiff to reply on payment of costs.