Fettretch v. Armstrong
The Superior Court of New York City
.This was an action brought by the plaintiff,' as receiver of the assets of the firm of Irwin & Co., (composed of James and John Eettretch, Arthur Irwin, and Peter Algie,) to recover a balance claimed to be due, amounting to $1498.62, upon a contract made between said firm and the defendant, for furnishing and putting up the brown stone fronts of five houses in the city of New York.
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.This was an action brought by the plaintiff,' as receiver of the assets of the firm of Irwin & Co., (composed of James and John Eettretch, Arthur Irwin, and Peter Algie,) to recover a balance claimed to be due, amounting to $1498.62, upon a contract made between said firm and the defendant, for furnishing and putting up the brown stone fronts of five houses in the city of New York. The complaint alleged that in January, 1866, shortly after making the contract, Peter Algie ceased to be a member of the firm of Irwin & Co.; that a pretended settlement made between the, defendant and Algie was…
1Opinion of the Court
By the Court, Monell, J.
As I understand the charge in this case, it was to the effect, that if Algie had retired from the firm, and the defendant had notice of such retirement, a subsequent payment to him by a debtor of the firm, of a less sum than the whole amount of the debt due, if made upon a compromise of a claim disputed in good faith, would extinguish the indebtedness ; and it was left to the jury to say whether the compromise was fairly and honestly made. They were instructed, that if they should find there was a fair subject of dispute for the parties to settle, and that they settled…
2Cases cited2 opinions
- Robbins v. . FullerNew York Court of Appeals · 1862
- Combs v. BoswellCourt of Appeals of Kentucky · 1833
3Cited by4 opinions
- St. John v. PaineSupreme Court of the United States · 1851
- Marwick v. Georgia Lumber Co.Supreme Judicial Court of Maine · 1841
- Lockwood v. LashellSupreme Court of Pennsylvania · 1852
- St. John v. PaineSupreme Court of the United States · 1851