Stone v. . Flower
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first 'judicial department, affirming a judgment in favor of defendant, entered upon verdict and affirming an order denying a motion for a new trial. This action is brought to recover an alleged balance of an account. The answer sets up payment and the statute of limitations. The evidence upon the issue of payment is set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first 'judicial department, affirming a judgment in favor of defendant, entered upon verdict and affirming an order denying a motion for a new trial. This action is brought to recover an alleged balance of an account. The answer sets up payment and the statute of limitations. The evidence upon the issue of payment is set forth in the opinion. In regard to the statute of limitations, the following facts appeared: Defendant entered the military service of the United States in 1861, and between that time and September 20, 1862,…
1Opinion of the CourtGrover, J.
This action was brought by the plaintiffs to recover a balance claimed to be due upon an account for goods sold by the plaintiffs to the defendant. Defence, payment and the statute of. limitations. The payment was claimed by the defendant t'o have been made by the transfer of a note held by the defendant against one Fisher for $400 to the plaintiffs. Egbert Starr, one of the counsel, testified in substance that the note was received by the plaintiffs as security for the debt, and not in payment. The defendant testified in substance that the note was received by the plaintiffs in payment of…
2Cases cited1 opinion
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
3Cited by25 opinions
- Frecking v. . RollandNew York Court of Appeals · 1873
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Owen v. . EvansNew York Court of Appeals · 1892
- Witherow v. . SlaybackNew York Court of Appeals · 1899
- Trimble v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
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