Ellenwood v. Dickey

Supreme Judicial Court of Maine
Ellenwood v. Dickey, 9 Me. 125 (Me. 1832)
Weston

Ellenwood v. Dickey

Opinion of the Court

Weston J.

After the discharge .of the execution against John \iclcey, the defendants were excused by the plaintiffs, who had a *128right so to do, from fulfilling the condition of the gaol bond ; and the discharge was made with the express understanding, that it should have this effect. The new agreement was a sufficient consideration for the discharge. If that had been fraudulently obtained, it would not have protected the defendants; but this the jury have negatived. Whether the plaintiffs can realize the satisfaction they expected ; or whether the agreement has been, or could be, fulfilled on the part of the defendants, are not questions, which properly arise in this action; except as evidence of fraud, upon which the jury have passed. . Exceptions overruled.

Reference

Full Case Name
Ellenwood & al v. Dickey & al.
Status
Published