Albany City Fire Insurance v. Devendorf
New York Supreme Court
THE plaintiff sued the defendant and one Thomas Stewart, to recover the sum of $188.46, and alleged in the complaint, in substance, that on the 18th day of January, 1862, said Thomas Stewart was appointed its agent at Amsterdam, “for the purpose of effecting insurance upon property at Amsterdam and in the vicinity thereof, and receiving the premiums for such insurance,” &c.; and that to secure the return of such payments to the plaintiff (after deducting certain allowances…
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THE plaintiff sued the defendant and one Thomas Stewart, to recover the sum of $188.46, and alleged in the complaint, in substance, that on the 18th day of January, 1862, said Thomas Stewart was appointed its agent at Amsterdam, “for the purpose of effecting insurance upon property at Amsterdam and in the vicinity thereof, and receiving the premiums for such insurance,” &c.; and that to secure the return of such payments to the plaintiff (after deducting certain allowances to the agent,) the defendant entered into a bond with a penalty of $800, to the effect that Stewart should promptly…
1Opinion of the Court
By the Court,
Milleb, J.
The check or draft of Stewart on the Farmers' Bank of Amsterdam appears to have been received in payment of his indebtedness to the plaintiff. After it was received it was retained and thus accepted and forwarded to the bank for collection, as it would seem in conformity with a practice previously existing in the dealings of Stewart with the plaintiff. Ho objection was made to it when first received, and it was not returned by the plaintiff *446to Stewart. Even if the draft or check was not an absolute payment, yet the effect of it was to extend the time of payment after…
2Cases cited5 opinions
- Clark v. DalesNew York Supreme Court · 1855
- Hart v. HudsonThe Superior Court of New York City · 1857
- Teller v. RandallNew York Supreme Court · 1862
- Bangs v. MosherNew York Supreme Court · 1856
- Dorlon v. ChristieNew York Supreme Court · 1862
3Cited by2 opinions
- Matasce v. HughesOregon Supreme Court · 1879
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896