Carroll v. . Sweet
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 9, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This was an action to recover the balance of an indebtedness for services rendered. The defense of payment by check was interposed. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 9, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This was an action to recover the balance of an indebtedness for services rendered. The defense of payment by check was interposed. The facts, so far as material, are stated in the opinion. The plaintiff was guilty of loches in dealing with the Woodruff check when he accepted the check he assumed the duty of…
1Opinion of the CourtAndrews, J.
The indorsement and transfer by the defendant to the plaintiff of the check to Woodruff operated as provisional payment only of so much of the antecedent debt owing by the defendant to the plaintiff. There was no agreement that it should be taken in absolute satisfaction of the debt and, in the absence of such an agreement, the intendment of law is that it was conditional payment only. (Hill v. Beebe, 13 N. Y. 566; Bradford v. Fox, 38 id. 289.) The debt remained until discharged by payment of the check or by such dealing with the check by the plaintiff as would, in judgment of law, convert…
2Cases cited6 opinions
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Smith v. . MillerNew York Court of Appeals · 1870
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Smith v. JanesNew York Supreme Court · 1838
- Hamilton v. CunninghamU.S. Circuit Court for the District of Eastern Virginia · 1828
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3Cited by30 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Martin v. . Home BankNew York Court of Appeals · 1899
- Sage v. BurtonNew York Supreme Court · 1895
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
- Anderson v. Daly Mining Co.Utah Supreme Court · 1897
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