Carpenter v. Alexander

Decided October 15, 1812

New York Supreme Court · decided 1812-10-15

THIS was an action of covenant. The declaration stated that the defendant, on the 22d May, 1809, at, &c. by his certain writing, sealed, &c. covenanted and agreed, that the defendant, in and by the said writing, was held and firmly bound unto the plaintiff, his heirs, &c. in the full sum of 250 dollars, to be paid to the plaintiff, In manner following: 125 dollars on the 20th May then next ensuing the date of the said writing; and the farther sum of 125 Iars on the 20th May,…

Cited by 1 later decisions — most recently January 1846

Good law ✅— No negative treatment on recordhow we know

Decided 1812-10-15

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Per Curiam.

¶1The breach is not well assigned, for it does not appear, with sufficient certainty, which of the two sums of 125 -1 T, , . . m, , . „ dollars has not been paid. The court can, perhaps, infer from the whole record, that the breach was intended to apply to the non-payment of the first sum mentioned in the condition of the bond; but the party ought not to leave such a fact to inference and deduction, but allege it with precision and certainty; and if he does not, he ought to be punished in costs, for slovenly and careless pleading. There must be judgment for the defendant, with leave, however, to the plaintiff to amend his declaration, on the usual terms.

¶2Judgment for the defendant.