Van Beuren v. Van Gaasbeck
New York Supreme Court
Debt on bond, given by the defendant to the testator, ^ Ulster circuit, November, 1823, before Betts, 0. Judge. The bond was dated February 6th, 1786, and conditionedto pay $712 5Ó, February 6, 1787, with interest at and after the rate of 6 per cent, per annum, on which was endorsed £9, November 19, 1794, and £29-in 1813, and £29 111 t^ie same year.
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Debt on bond, given by the defendant to the testator, ^ Ulster circuit, November, 1823, before Betts, 0. Judge. The bond was dated February 6th, 1786, and conditionedto pay $712 5Ó, February 6, 1787, with interest at and after the rate of 6 per cent, per annum, on which was endorsed £9, November 19, 1794, and £29-in 1813, and £29 111 t^ie same year. The defendant claimed to set off an account in his favor, agalnst the testator, running from July, 1781, to May, 1820, containing charges in almost every month of the intermediate years, for some small articles of service, or goods sold, gUch as…
1Opinion of the Court
Curia, per
Woodworth, J.
The bond is conditioned for the payment of interest, at the rate of 6 per cent, per annum. The contract of the parties is not confined to the time limited for the payment of the principal; but is general, and continues until the contract ceases to operate. (4 John. Ch. R p. 437.)
At the trial, the defendant exhibited an account against the plaintiffs’ testator, commencing in 1781, and ending in 1820, which was admitted. An account of the plaintiffs against the defendant was also admitted; and it was agreed, that the balance should be considered applicable, as a set-off…
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