Williams v. Carrington
New York Court of Common Pleas
Appeal'by defendant from a judgment of tbe Marine Court. The defence was accord and satisfaction by a compromise, by which the plaintiff agreed to, and did receive forty per cent, of his claim in full payment and discharge. The facts are fully stated in the opinion of Judge Ingraham.
1Opinion of the Court
INGRAHAM, First Judge.
The defendant, having made a 'composition ivith several of his creditors at forty cents on the dq^ar, made a similar agreement with the plaintiffs, by which he agreed to pay the plaintiff forty cents, and did thereupon pay to the plaintiffs the amount of such per ccntage, and received from them a receipt, purporting to be in full of account. The defendant also, on the day previous, gave a scaled instrument, by which he bound birr.self to give his note at twelve months for an additional forty per cent., as soon as his compromise should be effected, on condition that the…
2Cases cited1 opinion
- Fellows v. StevensNew York Supreme Court · 1840
3Cited by5 opinions
- Chemical Nat'l Bank of N.Y. v. . KohnerNew York Court of Appeals · 1881
- Bernard v. Henry Werner Co.Appellate Terms of the Supreme Court of New York · 1897
- Albrecht v. JohnsonCity of New York Municipal Court · 1887
- Downey v. McGinnNew York Marine Court · 1882
- Mayer v. TownsendNew York Marine Court · 1881