Legal Opinion

Durgin v. Ireland & Pruden

New York Court of Appeals

Decided July 1, 1856Published

The action, in the superior court of the city of New-York, from the judgment of which court the appeal in this case was taken, was brought to recover the amount of a promissory note, made by the defendants and payable to Messrs. Anthony & Davis, for $534.23. The plaintiff claimed to be the assignee of Anthony & Davis.

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The action, in the superior court of the city of New-York, from the judgment of which court the appeal in this case was taken, was brought to recover the amount of a promissory note, made by the defendants and payable to Messrs. Anthony & Davis, for $534.23. The plaintiff claimed to be the assignee of Anthony & Davis. Besides the usual statements in an action on a note, the complaint set forth an attempt of the defendants to compromise the debt, by the payment by them to Anthony & Davis of fifty cents on the dollar of the amount of the note. It admitted the payment of that proportion of the…

1Opinion of the CourtDenio, C. J.

The condition, upon which the payment of fifty per cent of the amount of the note was to operate as a satisfaction of the whole sum, was not performed. The payment was, by the agreement, to be a full satisfaction, provided all the other creditors agreed to a similar composition, but not otherwise. It was not pretended in the answer that ¿11 the creditors had agreed to accept the compromise, and the proof showed that there were several who claimed and received the full amount of their debts. The effect of the payment which was made upon the'note in question was simply to satisfy the demand pro…

2Cases cited2 opinions

  1. Small v. MottCourt for the Trial of Impeachments and Correction of Errors · 1839
  2. Meyers v. BettsNew York Supreme Court · 1847

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