American Boiler Co. v. Foutham
New York Supreme Court
Action by the American Boiler Company against Charles F. Foutham. Verdict for the plaintiff, and'new trial denied.
1Opinion of the CourtMcADAM, J.
On July 20, 1895, H. J. Apgar, being indebted to the plaintiff in the sum of $187.15, drew his demand draft upon the defendant, wherein he requested the defendant to pay that amount to the plaintiff. The draft was presented to the defendant, and was accepted by him in these words: “Accepted, and I agree to pay the sum specified herein within sixty days from date.” The defense is that Apgar had previous to the acceptance agreed to furnish and set up complete in two houses belonging to the defendant steam-heating apparatus, according to certain specifications, for $887, out of which sum the…
2Cases cited8 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Davis v. . McCreadyNew York Court of Appeals · 1858
- Rice v. . GrangeNew York Court of Appeals · 1892
- Home Bank v. . DrumgooleNew York Court of Appeals · 1888
- Van Wagner v. TerrettNew York Supreme Court · 1858
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