Brown v. Hull
Court for the Trial of Impeachments and Correction of Errors
Assumpsit on a promissory note given by the defendant to the plaintiff for $82.59, dated April 10, 1841, and payable six months after date. On the hearing before a sole referee, it appeared that there had been mutual accounts between the parties, and that the note was given for the balance found due to the plaintiff on a settlement of those accounts.
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Assumpsit on a promissory note given by the defendant to the plaintiff for $82.59, dated April 10, 1841, and payable six months after date. On the hearing before a sole referee, it appeared that there had been mutual accounts between the parties, and that the note was given for the balance found due to the plaintiff on a settlement of those accounts. The defendant proved, that at the time of the settlement and the giving of the note, he, the defendant, said he thought there must be some mistake, and mentioned a small book on which twenty thousand brick were entered. The plaintiff said that if…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The.referee, in reporting that nothing was due, evidently went upon the ground, that there was an agreement at the time the note was made to give it up if a receipt should not be produced. The evidence on that subject was plainly in conflict with what the parties did. They settled their accounts, and struck a balance against the defendant, which, by his written agreement, he promised to pay. The promise was absolute—not conditional. It was not that he would pay, if a receipt should be produced; but that he would pay at all events. The parol evidence went directly…
2Cases cited1 opinion
- M'Curtie v. StevensNew York Supreme Court · 1835
3Cited by6 opinions
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
- Gregory v. HartWisconsin Supreme Court · 1859
- Leonard v. MinerCalifornia Supreme Court · 1898
- Davy v. KelleyWisconsin Supreme Court · 1886
- Burhans v. CarterNew York Supreme Court · 1878
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