Allen v. Tarrant & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by' the defendant, Tarrant ■& Co., from' a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of December, 1895, upon the verdict óf a jury rendered by direction of the ■court after a trial at the .New York Circuit, ■ - The action ivas brought to.recover for goods sold and .delivered, and the defense' was payment in full by means of two checks.
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Appeal by' the defendant, Tarrant ■& Co., from' a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of December, 1895, upon the verdict óf a jury rendered by direction of the ■court after a trial at the .New York Circuit, ■ - The action ivas brought to.recover for goods sold and .delivered, and the defense' was payment in full by means of two checks. Upon the trial it appeared, on the question of payment, that on July 12, 1893, one Cook, who was a salesman in plaintiff’s employ, came to the defendant’s place…
1Opinion of the Court
O’Brien, J.:
It is true that: delivery of a. cheek'is not payment, “unlessin some very special case, if such a case can be supposed, where the check was taken in- absolute payment and extinguishment of the debt.” (Thomson v. Bank of B. N. A., 82 N. Y. 8.) The delivery of a check to the principal or his authorized agent and' the subsequent payment of the same operates to discharge an indebtedness for which it is given.
The evidence here shows that the checks intended as payment of " "the indebtedness were given to: one Cook,, who was in plaintiff’s employ, and subsequently paid by defendant’s…
2Cases cited2 opinions
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Sage v. BurtonNew York Supreme Court · 1895
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- Morrison v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1913
- Siegel v. KovinskyAppellate Terms of the Supreme Court of New York · 1916
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