Morehouse v. . Second Nat'l B'k of Oswego
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 19, 1883, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 19, 1883, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 30 Hun, 628.) This action was brought by the plaintiff as receiver of one McRae, appointed in-proceedings supplementary to execution, to recover, under the provisions of section 5198 of the Revised Statutes of the United States, twice the amount of excessive interest alleged to have been taken and received by the defendant from McRae, prior to…
1Opinion of the CourtAndrews, J.
The agreement of November 1, 1876, was, we think, a good defense to the action. The Generál Term sustained the finding of the referee, upon the ground that the agreement, when made, was executory, that there was no subsequent execution of its provisions, and that .the case was within the general principle that an accord without satisfaction is no bar to a suit upon the original cause of action. It is not, however, universally true that a cause of action on contract, or for tort, may not be extinguished by an agreement between the parties, although the agreement which is the consideration for…
2Cases cited4 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Davis v. . SpencerNew York Court of Appeals · 1862
- Chandler v. HerrickNew York Supreme Court · 1821
3Cited by24 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Denburg v. Flattau & KlimplNew York Court of Appeals · 1993
- Moers v. . MoersNew York Court of Appeals · 1920
- Goldbard v. Empire State Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
- De La Beckwith v. SheldonCalifornia Supreme Court · 1913
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