Pratt v. Collins
New York Supreme Court
Appeal from a judgment in favor of the plaintiff1, entered upon the report of a referee. The action was brought to recover the price of goods consisting of sash and doors, sold by the plaintiff through his agents, Rogers & Pratt, to the defendant.
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Appeal from a judgment in favor of the plaintiff1, entered upon the report of a referee. The action was brought to recover the price of goods consisting of sash and doors, sold by the plaintiff through his agents, Rogers & Pratt, to the defendant. The latter put in an answer claiming that be bad bought tbe goods from tbe firm of Rogers & Pratt, consisting of George Rogers and William Pratt, and denied that tbe said firm were acting or sold tbe goods as tbe agent of tbe plaintiff. He also set up as a counter-claim a judgment recovered on December 13, 1875, against tbe said firm of Rogers &…
1Opinion of the Court
Learned, P. J. :
The first point made by tbe plaintiff is, that a person may, for good consideration, agree to waive his right of set-off. This is undoubtedly true. (Gutchess v. Daniels, 49 N. Y., 608.) But, in that case, there was an express, and not an implied agreement to waive tbe set-off. Tbe parties in that case recognized tbe fact that a set-off would exist to tbe debt about to be contracted, and, for certain good reasons, tbe party wbicb held tbe set-off was willing to agree not to assert it. But in tbe present case, there is nothing of that land. To claim that the parties recognized…
2Cases cited1 opinion
- Gutchess v. . DanielsNew York Court of Appeals · 1872