Martin v. Kunzmuller
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a judgment entered upon a verdict in favor of the plaintiffs had been affirmed. (Reported below; 10 Bosw. 16.) This was an action by John C. Martin and John W. Graydon, assignees for the benefit of the creditors of Graydon, McCreery & Co., against Charles Kunzmuller and Frederick Kunzmuller, to recover a claim oi $3107.42, for goods sold and delivered by the assignors to the defendants.
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Appeal from the general term of the Superior Court of the city of New York, where a judgment entered upon a verdict in favor of the plaintiffs had been affirmed. (Reported below; 10 Bosw. 16.) This was an action by John C. Martin and John W. Graydon, assignees for the benefit of the creditors of Graydon, McCreery & Co., against Charles Kunzmuller and Frederick Kunzmuller, to recover a claim oi $3107.42, for goods sold and delivered by the assignors to the defendants. The assignment to the plaintiffs.was made on the 7th May 1861, at which time, the defendants were the holders of three several…
1Opinion of the CourtParker, J.
(after stating the case.)—The only question presented for decision upon this appeal is, whether the defendants were entitled to set off the third *note, which was not due at the time of the assignment of the demand in suit. If the defendants might have set it off against Graydon, McOreery & Co., at the time of their assignment, provided that firm had sued the defendants on this assigned demand, it was a proper subject of set-off in this suit—otherwise not; for the case depends entirely upon the statute, which is as follows: “ If the action be founded upon a contract other than a negotiable…
2Cases cited9 opinions
- Myers v. . DavisNew York Court of Appeals · 1860
- Beckwith v. . the Union Bank of New-YorkNew York Court of Appeals · 1853
- Chance v. Isaacs & SmythNew York Court of Chancery · 1836
- Bradley v. . AngelNew York Court of Appeals · 1850
- Kingston Bank v. GayNew York Supreme Court · 1854
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3Cited by3 opinions
- French v. O'BrienNew York Supreme Court · 1876
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