Bartsch v. Atwater
Supreme Court of Connecticut
THIS was an action of indebitatus assumpsit. The declaration contained two counts. The first was general, stating that on the 11th of August 1810, the defendants and one Norton, since deceased, became indebted to the plaintiff in the sum of 2000 dollars for goods sold and delivered in the city of New-York on a credit of six months.
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THIS was an action of indebitatus assumpsit. The declaration contained two counts. The first was general, stating that on the 11th of August 1810, the defendants and one Norton, since deceased, became indebted to the plaintiff in the sum of 2000 dollars for goods sold and delivered in the city of New-York on a credit of six months. The second count stated more particularly, that on the 11th of August 1810, the defendants and Norton being owners of three fourths of the schooner Grace-Ann Green, and being then about to load her for a European voyage, with a cargo to be purchased in New-York on…
1Opinion of the Court
Swift, Ch. J.
The question is, whether the plaintiff’s receiving the note of E. and A. Townsend discharged the original right of action against the defendants for the goods sold and delivered. On this subject there have been contradictory decisions in different countries. In the case of Anderson v. Henshaw, 2 Day’s Ca. 27. the principle was adopted, that where a bill was received in full of an antecedent debt, it discharged the original demand, and that no action could be maintained upon it, though the bill turned out to be unproductive, and there was no proof of an agreement to take the bill…
2Cases cited3 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Putnam v. LewisNew York Supreme Court · 1811
- Ellis v. WildMassachusetts Supreme Judicial Court · 1810
3Cited by5 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
- Graham v. First National Bank of NorfolkNew York Court of Appeals · 1881
- Barnum v. BarnumSupreme Court of Connecticut · 1832
- Brady v. McGeheeTennessee Supreme Court · 1860