Schwartz v. Hirsch
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment in favor of the plaintiffs, rendered in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Opinion of the CourtMcCall, J.
I do not see, unless we are to reject the rulings of our appellate courts, but that an absolute case of accord and satisfaction has been demonstrated in the proof submitted upon the trial of this case. The learned trial justice in disposing of the issues seems to have heen controlled by the idea that the claim was a liquidated .one, the amount due certain, and the check sent represented an amount that would have to be paid in any event, as, concededly, the defendants had received, retained and used the merchandise forwarded . at least up to a value equivalent to the sum so paid, and under…
2Cases cited6 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Dunn v. WhalenAppellate Division of the Supreme Court of the State of New York · 1907
- Nightingale v. . EisemanNew York Court of Appeals · 1890
- Le Page v. Lalance & Grosjean Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- McNaboe v. MarksNew York Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ferguson v. Grand Lodge of Iowa Legion of HonorSupreme Court of Iowa · 1916