Iron v. U. S. Metal & Manufacturing Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, rendered in favor of plaintiff.
1Per curiam
We think that the receipt and deposit of the voiicher checks reciting that the payments were “ in full,” *575constituted an accord and satisfaction, unless explained in some way. . Nassoiy v. Tomlinson, 148 N. Y. 326; Gribble v. Van Praag Supply Co., 124 App. Div. 829. The amount due was in dispute; the parties were at odds over the weights. Plaintiff received the vouchers but crossed out the words “ in full ” receipting them and depositing them. Nothing is said about it on the trial except the bare statement of plaintiff’s "president that he “ scratched out” the words. Unless there is some…
2Cases cited2 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Gribble v. Raymond Van Praag Supply Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Thayer v. SmithWyoming Supreme Court · 1960