McLane v. Elmer
McLane and Others v. Elmer
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Perkins, J.
Charles N. Elmer brought an action of assumpsit upon a promissory note and assignment, of which the following are copies:
“ Centreville, 23d January, 1847. $300. Twelve months after date, we or either of us promise to pay Roswell Elmer, or order, 300 dollars, with interest from date, value received, without the benefit of the stay of execution, or appraisement or valuation laws. Lewis McLane, Alexander Cheesman, William McLane.”
“I assign the within note to C. N. Elmer. Roswell Elmer J
The defendants, the makers of the note, pleaded the general issue. The cause was submitted to the Court, and judgment rendered that the plaintiff recover,, &c., and that the defendants have no stay of execution, &c.
That part of the judgment prohibiting the stay of exetion, must be reversed with costs, and the residue of the judgment must be affirmed. Duerson v. Bellows, 1 Blackf. 217.—Develin v. Wood, 2 Ind. R. 102. Courts of law, as a general rule, do not enforce the specific performance of agreements, unless specially authorized to do so by statute ; but award damages for the breach of agreements.
Per Curiam.
That part of the judgment prohibiting the stay of execution is reversed with costs. The residue is affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.