Babcock v. Kuntzsch
New York Supreme Court
Appeal from Onondaga county court. Action by John D. Babcock and J. Wilbur Gould against William J. Kuntzsch. From a judgment entered on a verdict in favor of plaintiffs for $472.84, and from an order denying a motion for new trial, defendant appeals. Affirmed. Plaintiffs entered into a contract with the defendant for the sale of billiard and pool tables and their appurtenances to the defendant.
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Appeal from Onondaga county court. Action by John D. Babcock and J. Wilbur Gould against William J. Kuntzsch. From a judgment entered on a verdict in favor of plaintiffs for $472.84, and from an order denying a motion for new trial, defendant appeals. Affirmed. Plaintiffs entered into a contract with the defendant for the sale of billiard and pool tables and their appurtenances to the defendant. An action to recover a balance upon the contract was brought in a municipal court, and a judgment was rendered in favor of the plaintiffs for $41.36 damages, besides costs. Plaintiffs appealed for a…
1Opinion of the CourtHardin, P. J.
No valid extension of the time of payment was shown by the evidence to have taken place prior to the commencement of the action.
In Miller v. Holbrook, 1 Wend. 318, it was held that a promise to extend was not valid unless founded upon a good and sufficient consideration; also, “the promise of a maker to pay part of a note when due, and payment in pursuance thereof is'not sufficient consideration.”
In Gibson v. Renne, 19 Wend. 388, the .question of the sufficiency of a consideration to support a promise was raised, and, in dealing with it, Bronson, J., said:
“The debt was due. The debtor says to…
2Cases cited6 opinions
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
- Parmelee v. . ThompsonNew York Court of Appeals · 1871
- Pabodie v. KingNew York Supreme Court · 1815
- Cooper v. KaneNew York Supreme Court · 1838
- Graham v. NegusNew York Supreme Court · 1890
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