Dederick v. Leman
New York Supreme Court
THIS war~ an aclion of debt~ on a bond executed by Geo'ege Lc~ the ancestor~ in hiz lifetime, on the ~i~t May, 1790, for the ~um ~f 154 pound~ (3~35 dollars~) by wb~ch he bound himself, his heir~ &c~ in the ~iisua1 foii'ni~ to the plaintift conditioned to pay ~z Cu before th~ 1~t Oetob~ thee uox~ with interest at 6 rer ce~zt~ The defendiant~ after e~avh~ oye? of the cond~flon, p1e~ided thrit the plaint~~ w~ght not t~ h~ive an~ rnah~ta~n hks ~ct~on, &c, be~ ~au~e, after the…
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THIS war~ an aclion of debt~ on a bond executed by Geo'ege Lc~ the ancestor~ in hiz lifetime, on the ~i~t May, 1790, for the ~um ~f 154 pound~ (3~35 dollars~) by wb~ch he bound himself, his heir~ &c~ in the ~iisua1 foii'ni~ to the plaintift conditioned to pay ~z Cu before th~ 1~t Oetob~ thee uox~ with interest at 6 rer ce~zt~ The defendiant~ after e~avh~ oye? of the cond~flon, p1e~ided thrit the plaint~~ w~ght not t~ h~ive an~ rnah~ta~n hks ~ct~on, &c, be~ ~au~e, after the maldng of the bo~d~ and the death of the thilgoli', the husband af one of the heh~ on the 1~th of Febrwo'~ 1798, p~ir1 te…
1Per curiam
Here was a bond executed in the year 1790, conditioned to pay 771. on a day past, with interest ; and the plea is, that the husband of one of the heirs paid to the plaintifl on the 13th February, 1798, "3l. 9s. 7d. which he accepted and receiv~ ed in full payment of the sum in the condition mentioned, and in full of all demands whatsoever." This plea is demurred to; and it is palpably bad, either as a plea of payment, or of accord and satisfaction. The authorities to this point are referred to by the court, in Watkinson v. Inglesby & Stokes. (5 Johns. Rep. 391.)
- Judgment for the plaintiff
2Cited by6 opinions
- Kidd v. DennisonNew York Supreme Court · 1849
- Bunge v. . KoopNew York Court of Appeals · 1872
- Morrison v. Gold Mountain Gold Mining Co.California Supreme Court · 1877
- Forest v. DavisCity of New York Municipal Court · 1897
- Hammond v. ChristieThe Superior Court of New York City · 1867
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