Roberts v. . Fisher
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment for the defendants at the blew York circuit. The plaintiff sued to recover an alleged balance of account for goods sold and delivered, amounting to $357.75. The defendants set up as a defence, that the plaintiff had received the note of ITomer Bice & Co., in full payment and discharge of the debt.
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Appeal from the judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment for the defendants at the blew York circuit. The plaintiff sued to recover an alleged balance of account for goods sold and delivered, amounting to $357.75. The defendants set up as a defence, that the plaintiff had received the note of ITomer Bice & Co., in full payment and discharge of the debt. This fact was found by the jury, the court leaving it to them as the only question for them. It appeared that the defendants were merchants in Connecticut, and wrere in the habit of…
1Opinion of the Court
By the Court—Peckham, J.
The sole question presented to the jury and decided by them was, whether the note of Rice & Co. was delivered and received, so far as it went, in payment of plaintiffs’ account. The jury decided it was, and so found for defendants. The learned justice in his charge, suggested that the jury might look at the course of business,at the arrangement between the parties to receive on account of plaintiffs’ demands, notes of defendants’ customers, to aid them in deciding whether thi¡* note was received in payment.
The verdict of-the jury establishes the fact, that this note…
2Cases cited5 opinions
- Markle v. HatfieldNew York Supreme Court · 1807
- Burnham v. . ButlerNew York Court of Appeals · 1865
- People ex rel. Griffin v. SteeleNew York Supreme Court · 1848
- Ontario Bank v. LightbodyCourt for the Trial of Impeachments and Correction of Errors · 1834
- Leger v. BonnaffeNew York Supreme Court · 1848
3Cited by24 opinions
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
- Dille v. WhiteSupreme Court of Iowa · 1906
- Canadian Agency, Ltd. v. Assets Realization Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Thomas v. . Supervisors of Westchester Co.New York Court of Appeals · 1889
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