Vernam v. Harris
New York Supreme Court
Appeal from a judgment entered on the report of a referee against plaintiff, and in favor of defendant Harris. The action was brought by John R. Yernam against Samuel Harris and Charles Crocker. The opinion states the case.
1Opinion of the Court
Tappen; J.
The plaintiff brought this action to recover $137, for a bill of goods alleged to have been sold to defendants.
The answer avers the dissolution of the defendants’ firm of Harris & Crocker, on the 10th of June, 1871; that Crocker paid the debt sued for by cash and a note which plaintiff accepted in settlement.
At the trial, it appeared that the note in question was the note of Crocker only, made after the dissolution of defendants’ firm and accepted by plaintiff from Crocker. The plaintiff testified, I told him I would take it, and if paid it would be in full, if not paid 1 would hold…
2Cases cited4 opinions
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Van Eps v. DillayeNew York Supreme Court · 1849
- Smith & Marshall v. RogersNew York Supreme Court · 1820
- Colgrove v. TallmanNew York Supreme Court · 1869