Bliss v. . Shwarts
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. (Reported below, 7 Lans., 186; 64 Barb., 215.) This action was, in form, for goods sold and delivered.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. (Reported below, 7 Lans., 186; 64 Barb., 215.) This action was, in form, for goods sold and delivered. The following facts were substantially found: The plaintiffs, who were partners doing business at Mew York, sold and delivered goods to the defendant, doing business at Galveston, Texas, to the value of $4,634.84, for which the defendant gave his note at four months, due January 6,1866. In…
1Opinion of the Court
Dwight, C.
Hnless the settlement by the plaintiffs with the defendant can be shown to have been based on some sufficient consideration, the arrangement entered into by them was inoperative and void, and the defendant is still liable. This is an elementary rule of law, and is not denied by the defendant. (Bunge v. Hoop, 48 N. Y., 225, 228; Harrison v. Close, 2 J. R., 448 ; Cole v. Sackett, 1 Hill, 517.)
The defendant, however, claims that the case is taken out of the general rule, for two reasons: First, because the arrangement between the plaintiffs and the defendant was part of a general…
2Cases cited3 opinions
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Noel v. . MurrayNew York Court of Appeals · 1855
- Bunge v. . KoopNew York Court of Appeals · 1872
3Cited by4 opinions
- Luddington v. . BellNew York Court of Appeals · 1879
- Cunningham v. IrwinMichigan Supreme Court · 1914
- Shanley v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1903
- Shanley v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1903