Herrick v. Smith
New York Supreme Court
Appeal from a judgment in favor of tbe defendant, entered upon tbe trial of tbis action by tbe court without a jury. It was error in tbe court upon tbe trial at Special Term to exclude tbe evidence offered, of statements by plaintiff, in regard to tbe indebtedness of tbe defendant to tbe firm, made to Mr. Camp and to Mr. Allen after tbe 5tb day of February, 1874, and tbe time of tbe alleged settlement, and before the 24th day of March, 1874, the date of tbe death of Adon…
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Appeal from a judgment in favor of tbe defendant, entered upon tbe trial of tbis action by tbe court without a jury. It was error in tbe court upon tbe trial at Special Term to exclude tbe evidence offered, of statements by plaintiff, in regard to tbe indebtedness of tbe defendant to tbe firm, made to Mr. Camp and to Mr. Allen after tbe 5tb day of February, 1874, and tbe time of tbe alleged settlement, and before the 24th day of March, 1874, the date of tbe death of Adon Smith, senior. (The People v. Vane, 12 Wend., 78; Róbb v. Hockley, 23 id., 50; People v. Finnegan, 1 Parker’s Crim. Rep.,…
1Opinion of the Court
Brady, J.:
This action is to recover a balance alleged to be due to tbe plaintiff on the partnership accounts between him and the defendant. The latter, in answer to the claim, set up as one of his defenses a settlement, an accord and satisfaction accomplished by the release of a note held against the firm by his father, and by the execution, also, by his father, of a note for $4,500; the object of which was to enable the firm to compromise with their creditors, and thus to avoid proceedings in bankruptcy. The defendant, as he alleges, was unwilling at first to ask his father to make the note…
2Cases cited3 opinions
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
- Smith v. StickneyNew York Supreme Court · 1854
- Railway Passenger Assurance Company v. . WarnerNew York Court of Appeals · 1875