Bradford v. . Fox
New York Court of Appeals
Action to recover an account for goods sold by Plaintiff to Defendant’s testator. Defence, payment of the account: Trial at Circuit without a jury. The following facts appeared : That the goods were sold and delivered by the Plaintiffs to the Defendant in June, 1856; that in April, 1857, the account not having been paid, it was placed by the Plaintiffs in the bauds of their attorney for collection, who wrote to the testator requesting payment.
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Action to recover an account for goods sold by Plaintiff to Defendant’s testator. Defence, payment of the account: Trial at Circuit without a jury. The following facts appeared : That the goods were sold and delivered by the Plaintiffs to the Defendant in June, 1856; that in April, 1857, the account not having been paid, it was placed by the Plaintiffs in the bauds of their attorney for collection, who wrote to the testator requesting payment. On the' 7th of April the testator, by messenger, sent his check, payable to the Plaintiffs, upon the Island City Bank for the amount. Upon presentation…
1Opinion of the CourtGrover, J.
The delivery of the check did not operate as payment of the previous debt. (Hill v. Beebee, 13 N. Y. 566.) The receipt given by the plaintiffs’ attorney therefor, although it did not refer to the check, but acknowledges the receipt of seventy-five dollars as per account rendered, added nothing to the effect of a mere delivery of the check to them. They were mere attorneys to collect the demand, and as such had no authority to receive anything but money as payment. This was known to the testator’s agent at the time he delivered the check to them. The receipt, although primá facie importing the…
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