Palmerton v. Huxford
New York Supreme Court
Error to the Saratoga common pleas, where the cause was tried on an appeal from a justice’s court, Palmerton being the plaintiff and Huxford the defendant. The suit was on an account for batcher’s meat, delivered prior to the 24th August, 1844, except as to the sum of 84 cents, which was delivered after that date.
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Error to the Saratoga common pleas, where the cause was tried on an appeal from a justice’s court, Palmerton being the plaintiff and Huxford the defendant. The suit was on an account for batcher’s meat, delivered prior to the 24th August, 1844, except as to the sum of 84 cents, which was delivered after that date. The account amounted to about eighty-two dollars, and the plaintiff proved the delivery of the meat charged in the account with the exception of an amount of four or five dollars. The defendant produced and proved a receipt signed by the plaintiff in these words: “ Received, Aug.…
1Opinion of the Court
By the Court, Jewett, J.
It is well settled that the payment of a less sum,' after a specific debt is due, in satisfaction of the debt, is hot good, by way of accord and satisfaction, but that doctrine is not involved in this case. The rule referred to applies only in a case where there is no dispute as to the existence of the debt, where the sum due is conceded. It has never been applied to the adjustment of a disputed claim, by the pajunent of less than was demanded, where the parties, after considering the matter in dispute, had agreed upon the sum as rightfully due from one to the other,…
2Cited by42 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Crossman v. BurrillSupreme Court of the United States · 1900
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
- Smith v. . TracyNew York Court of Appeals · 1867
- City of Lexington v. RennickCourt of Appeals of Kentucky · 1899
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