Tobey v. Barber
New York Supreme Court
THIS was a suit on a lease, dated the 17th of No- - 7 < v ember, 1802, executed by the plaintiff to the defendant, J A , by which' he leased to the defendant a dwelling-house, J , ° barn, and saw-mill, &c. in Ccitskill, for two years from _ , the date ox the lease, tor the sum ot 800 dollars, 100 dollars to be paid every three months.
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THIS was a suit on a lease, dated the 17th of No- - 7 < v ember, 1802, executed by the plaintiff to the defendant, J A , by which' he leased to the defendant a dwelling-house, J , ° barn, and saw-mill, &c. in Ccitskill, for two years from _ , the date ox the lease, tor the sum ot 800 dollars, 100 dollars to be paid every three months. The suit was brought on the covenant to pay the rent, and for the nonpayment or the 100 dollars, due successively, on the 17th -August, 1803, the 17th November, 1803, and the 17th February, 1804. The plea was the general issue, with notice of payment. The cause…
1Opinion of the Court
[VXn Ness, J.
The question is not, whether there was an extinguishment of the rent; but whether the note ■was accepted in payment.] "
I contend, then, that there is no evidence of such an acceptance.
The receipt contains the written agreement of the party to accept the shares in full satisfaction of the rent.
*72[Spencer, J.
Suppose a recéipt given for bank notes/ which afterwards prove to be forged,' would that be conclusive evidence of a payment ?]
That would be a fraud,- and therefore no payment ; for it is admitted, that where there is fraud or mistake, the receipt may be explained. If there was…
2Cases cited3 opinions
- Roget v. MerritNew York Supreme Court · 1804
- Clark v. Robert Young & Co.Supreme Court of the United States · 1803
- Ensign v. WebsterNew York Supreme Court · 1799
3Cited by96 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Tolman v. SmithCalifornia Supreme Court · 1890
- Komp v. . RaymondNew York Court of Appeals · 1903
- Muldon v. WhitlockNew York Supreme Court · 1823
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