Terwilliger v. Terwilliger
New York County Courts
Appeal from justice court. Action by Peter Terwilliger against Luther Terwilliger on a promissory note. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtClearwater, J.
The plaintiff was the owner of a note upon which the defendant was liable as indorser. In the course of their dealings the defendant from time to time delivered hoop poles and railroad ties to the plaintiff, the value of which, by mutual agreement, was indorsed as a payment upon the note. They finally looked over their accounts, and agreed upon the balance due the plaintiff, and then, in the presence of both, the note and the various receipts and memoranda of their dealings were burned. The defendant not paying, the plaintiff brought suit alleging settlement, and the balance due. The…
2Cases cited6 opinions
- Wright v. . WrightNew York Court of Appeals · 1873
- Blade v. NolandNew York Supreme Court · 1834
- McNair v. GilbertNew York Supreme Court · 1829
- Fintard v. TackingtonNew York Supreme Court · 1813
- Des Arts v. . LeggettNew York Court of Appeals · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mills v. Albany Exchange Savings BankNew York Supreme Court · 1899