Kellogg v. Richards
New York Supreme Court
Error from the superior court of the city of New-York. The plaintiffs in error declared in the court below in ássumpsit for goods sold and delivered, on an account stated and on the common money counts. The defendants pleaded the general issue with notice of spepial matter. On, the trial an account current rendered by the defendants was produced, acknowledging a balance due to the plaintiffs on the 11th July, 1829, of ¿1627,44, and the plaintiffs rested.
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Error from the superior court of the city of New-York. The plaintiffs in error declared in the court below in ássumpsit for goods sold and delivered, on an account stated and on the common money counts. The defendants pleaded the general issue with notice of spepial matter. On, the trial an account current rendered by the defendants was produced, acknowledging a balance due to the plaintiffs on the 11th July, 1829, of ¿1627,44, and the plaintiffs rested. The defendants then gave in evidence a note made by them to the plaintiffs for the above balance, bearing date on the day the balance was…
1Opinion of the Court
By the Court,
Nelson, J.
This case does not show a composition of the defendants with all their creditors, and therefore the objection does not properly arise that one creditor cannot secretly stipulate for an amount beyond the composition agreed upon with all the others, and that the agreement *118for that cause is void as a fraud upon the other creditors. 10 Wend. 479, and cases there cited. For aught that appears, the defendants settled with each creditor, and among them with the plaintiffs, on the best or such terms as they could obtain.
That a technical receipt can be explained by parol…
2Cases cited3 opinions
- Booth v. SmithNew York Supreme Court · 1829
- Russell & Hall v. RogersNew York Supreme Court · 1833
- Ensign v. WebsterNew York Supreme Court · 1799
3Cited by66 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
- Ryan v. . WardNew York Court of Appeals · 1872
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Very v. LevySupreme Court of the United States · 1852
- Tanner v. MerrillMichigan Supreme Court · 1895
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