Luddington v. . Bell
New York Court of Appeals
Appeal by defendant Amos C. Bell from a judgment of the ^General Term of the Superior Court of the city of New ' York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 11 J. & S., 557.) This action was brought to recover a balance alleged to be due upon a promissory note made by the firm of A. C. & J. W. Bell, of which firm defendants were the memb.ers.
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Appeal by defendant Amos C. Bell from a judgment of the ^General Term of the Superior Court of the city of New ' York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 11 J. & S., 557.) This action was brought to recover a balance alleged to be due upon a promissory note made by the firm of A. C. & J. W. Bell, of which firm defendants were the memb.ers. Defendant Amos C. Bell alone answered, setting up a release and discharge. The facts appear sufficiently in the opinion. At the close of the evidence the court directed a verdict for plaintiff,…
1Opinion of the CourtMiller, J.
The determination of this case depends upon the question whether the money paid and the notes given and paid, under the agreement with the plaintiff, was a valuable consideration for the discharge of the defendant from liability upon the note of the co-partnership. The evidence shows that after the co-partnership existing between the defendants had been dissolved, it was agreed between the plaintiff and the defendant, Amos C. Bell, that if the latter should pay one-half of the note in suit, that upon such part payment being made by him, it should be in full as against him, and that he should…
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