Stafford v. Bacon
New York Supreme Court
Assumpsit, tried at the Albany circuit, June 17th, 1839, before Cushman, C. Judge. The declaration was general, for goods sold and delivered, money paid, &c. lent and advanced, &c. and money had and received, together with a'count upon an account stated. Plea, non-assumpsit, with notice of an accord and satisfaction.
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Assumpsit, tried at the Albany circuit, June 17th, 1839, before Cushman, C. Judge. The declaration was general, for goods sold and delivered, money paid, &c. lent and advanced, &c. and money had and received, together with a'count upon an account stated. Plea, non-assumpsit, with notice of an accord and satisfaction. The plaintiff proved an account'for goods sold to the defendant, which, together with interest, and over and above some credits, amounted to rising of $2479,19 on the 26th of May, 1829. On that day, as appeared by a crosá-examination of the plaintiff’s witnesses, the defendant…
1Opinion of the Court
By the Court, Cowen, J.
No dispute exists on the original account. The question of fraud in procuring the compromise was properly submitted to the jury; and were this the only point, their finding would not be disturbed. The duty of a debtor who comes for a discharge on part pajunent, is clear. If he wilfully misrepresent or suppress any material fact in the statement of his affairs, the accord and satisfaction are void; and even a sealed release would be set aside in equity. The cases on this point are cited in Carter v. Connell, (1 Whart. 392,) and the rule well expressed by Sergeant, J. at…
2Cases cited8 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Depuy v. SwartNew York Supreme Court · 1829
- McNair v. GilbertNew York Supreme Court · 1829
- Smith v. WareNew York Supreme Court · 1816
- Snevily v. ReadSupreme Court of Pennsylvania · 1840
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