Stewart v. Ahrenfeldt
New York Supreme Court
Error to the TSfew-York superior court. Stewart sued Ahrenfeldt before one of the assistant justices of the city of Net/-York, on a promissory note for $50, given to the plaintiff by the defendant, dated January 9, 1844,' and payable twelve months after date. It appeared, that the plaintiff formerly brought a suit in the supreme court, against both maker and endorser, on a promissory note for $255, dated December 31, 1841, made by one Parker, and endorsed by the defendant.
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Error to the TSfew-York superior court. Stewart sued Ahrenfeldt before one of the assistant justices of the city of Net/-York, on a promissory note for $50, given to the plaintiff by the defendant, dated January 9, 1844,' and payable twelve months after date. It appeared, that the plaintiff formerly brought a suit in the supreme court, against both maker and endorser, on a promissory note for $255, dated December 31, 1841, made by one Parker, and endorsed by the defendant. The suit was at issue, and had been referred to referees. For the purpose of settling and getting rid of that suit, and…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The plaintiff is right in his law, that the settlement of a suit, or the compromise of a doubtful claim, is a good consideration for a promise to pay money; and when an action is brought upon the promise, it is no answer to show, that the first suit could not have been maintained, or that the claim was not a valid one. When parties meet upon equal terms, and adjust their differences, both are concluded from any further litigation of the matter. One party is not at liberty to say, that the sum paid, or agreed to be paid, was too much; nor the other, that it was not…
2Cited by34 opinions
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Crans v. . HunterNew York Court of Appeals · 1863
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- Smith v. FarraOregon Supreme Court · 1891
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