1 Cow. 98
Decided May 15, 1823
New York Supreme Court · decided 1823-05-15
Assumpsit, by Kies against N. S. Tifft, upon the fol-. lowing written instrument: “tor value received, we prom*se Pa7 JUpheus Kies, or bearer, fifty-five dollars and sixty-six cents, by the first day of February next, with interest, “ The condition of the above obligation is such, that if the assignment of a certain bond and mortgage, this day assigned over, by Alpheus Kies, against Edmund Lewis, to Nat^ian Tifft, shall be collected, by the time set forth in said mortgage,…
Cited by 3 later decisions — most recently January 1892
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1823-05-15
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¶1In our opinion, the Common Pleas erred. The defendants were hound to usé due diligence in collecting the money on the bond and mortgage, particularly as they were so directed by the plaintiff. They ought not to have suffered a term to pass, after the money fell due, without a prosecution. (Moakly v. Riggs, 19 John. 69.)
¶2Judgment reversed.