Ensign v. Webster
New York Supreme Court
This was an action of assumpsit for goods sold and delivered. The declaration contained also a count upon an insimul computassent. The defendant pleaded non-assumpsit and payment, with notice of a set-off.
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This was an action of assumpsit for goods sold and delivered. The declaration contained also a count upon an insimul computassent. The defendant pleaded non-assumpsit and payment, with notice of a set-off. The cause was tried before Mr. Chief Justice Lansing, at the last July circuit in Albany, when the plaintiff proved that he and the defendants had been jointly interested in the manufactory of paper and a paper mill; that on the 20 th October, 1795, a settlement took place, when a balance of 126Z. Is. 9cZ., was found due from the defendants to the plaintiff; that the defendants were also…
1Opinion of the Court
Lansing, Ch. J.,
delivered the opinion of the court. On the trial I overruled this evidence, on the principle that the plaintiff having deliberately acknowledged in writing, on the 14th July, 1798, that all the accounts respecting the paper manufactory, subsisting between him and the defendants, had been fully satisfied and paid, he ought not to be permitted to destroy the effect of that acknowledgment by parol proof.
My reflections on the subject since, have convinced me that I was not correct in that opinion. A mere receipt for money is not within the rule which prohibits a party from giving…
2Cases cited1 opinion
- Tucker v. MaxwellMassachusetts Supreme Judicial Court · 1814
3Cited by13 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Kellogg v. RichardsNew York Supreme Court · 1835
- Monell v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1815
- Tarver v. RankinSupreme Court of Georgia · 1847
- Kenny v. KaneSupreme Court of New Jersey · 1888
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