¶1refused to instruct the jury that the agreement and deed did not make a good de-fence at law; being of opinion that the agreement bound the plaintiff to give a release upon the execution of the deed, and a court of equity would have compelled him to execute it; and that in assumpsit it ought to be admitted in evidence on the general issue, it being a fraud upon the defendant as well as upon the other creditors that the plaintiff should refuse to execute the deed after the others had executed it. See Heathcote v. Crookshanks, 2 Term R. 24; Jackson v. Duchaire, 3 Term R. 551; and Jackson v. Lomas, 4 Term R. 166.
2 F. Cas. 965
Bartleman v. Douglass
U.S. District Court
Decided November 15, 1807
U.S. District Court · decided 1807-11-15
At law. Assumpsit. Non assumpsit and issue. gave in evidence an agreement of the plaintiff and other of his creditors, to release him on executing a deed of his property to such trustees as the subscribers should appoint, and that he executed such a deed. 1. *That the plaintiff never approved the trustees, or the deed. 2. That no release was ever executed by the plaintiff. 3.
Decided 1807-11-15