Abelson v. Gordon
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, fifth district, borough of Manhattan.
1Opinion of the CourtMacLean, J.
In this action to recover a balance due for goods sold and delivered, no sufficient reason is made to appear for interfering with the determination of the trial justice, as regards either the defense of breach of contract or that of accord and satisfaction. While “ the law favors the adjustment of such controversies without judicial intervention, and will not permit the creditor to accept and retain money which has been tendered by way of compromise, and then successfully litigate with his debtor for the recovery of a greater sum ” (Fuller v. Kemp, 138 N. Y. 231, 237), this applies only to…
2Cases cited4 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Ryan v. . WardNew York Court of Appeals · 1872
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
3Cited by2 opinions
- Frank v. VogtAppellate Terms of the Supreme Court of New York · 1916
- Shaver v. Armstrong, New York County Courts1907