Ernst v. Estey Wire Works Co.

The action is on two claims for goods sold and delivered by the Kilmer Manufacturing Company to the defendant, which were assigned with other demands to the plaintiffs April 26, 1895. The defense was payment to the Kilmer Manufacturing Company, August 5, 1895, and that the plaintiffs subsequently and on October 19, 1895, ratified the payment by accepting further security from their assignor and agreeing not to prosecute the directors thereof for conversion or any tortious act.

There was sufficient evidence to warrant the justice in finding, first, that the defendant, prior to the payment by…