Gary v. Hull
11 Johns. 441
N.Y. Sup. Ct.
1814
Check Treatment
Per Curiam.

This is a clear case for the plaintiff below. The defendants had waived the benefit of applying the bark on iheir judgment against Hull by issuing their executions tor the whole amount of those judgments.

The agreement, therefore, for making such application, appears to have been rescinded by mutual consent; and there remained no objection to fluids claim for the bark.

The judgment mast be affirmed.

Judgment affirmed»