Booth v. Smith
New York Supreme Court
Demurrer to plea. The declaration is in assumpsit. The first count is on a due bill, made by the defendant to the . . ._ , plaintiff, for the sum oí $400, dated 17th March, 1826, payafi]e on fiemanfi. The declaration also contains the common money counts.
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Demurrer to plea. The declaration is in assumpsit. The first count is on a due bill, made by the defendant to the . . ._ , plaintiff, for the sum oí $400, dated 17th March, 1826, payafi]e on fiemanfi. The declaration also contains the common money counts. The defendant to the first count pleaded, that before the commencement of the suit, to wit, on the 15th April, 1826, an account was stated between the plsfotiff and defendant, of and concerning the money in the said first count mentioned; that the defendant was found in arrear, and indebted on account thereof in the sum of $270, for which…
1Opinion of the Court
*68 By the Court,
Sutherland, J.
The plea is unquestionably good. It would have been good by way of accord and satisfaction, if no part of the original debt had been paid pri- or to tb® acceptance by the plaintiff of the last note. This was expressly decided in Boyd & Suydam v. Hitchcock, (20 Johns. R. 76.) It was there held that if a debtor gives his note endorsed by a third person as further security for apart of the debt, which is accepted by the creditor in full satisfaction, it is a valid discharge of the whole of the original debt; and it may be pleaded in bar as an accord and satisfaction.…
2Cases cited2 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Le Page v. McCreaNew York Supreme Court · 1828
3Cited by31 opinions
- Kellogg v. RichardsNew York Supreme Court · 1835
- Very v. LevySupreme Court of the United States · 1852
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Hawley v. FooteNew York Supreme Court · 1838
- Ford v. MitchellWisconsin Supreme Court · 1862
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