Babcock v. Dill
New York Supreme Court
THIS action was brought to recover the balance of a judgment against Eobert L. Dill and Elijah Weston, entered up in the supreme court on their confession, January 19, 1850, for $984.78 in favor of Eobinson & Brunson; and which the plaintiff claimed by virtue of a general assignment made by Eobinson & Brunson to him in December, 1859. The complaint admitted payment of $491.64 October 7,1853. Eobert L. Dill answered and claimed that the judgment was satisfied by means óf a…
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THIS action was brought to recover the balance of a judgment against Eobert L. Dill and Elijah Weston, entered up in the supreme court on their confession, January 19, 1850, for $984.78 in favor of Eobinson & Brunson; and which the plaintiff claimed by virtue of a general assignment made by Eobinson & Brunson to him in December, 1859. The complaint admitted payment of $491.64 October 7,1853. Eobert L. Dill answered and claimed that the judgment was satisfied by means óf a compromise which his father, Samuel Dill, had entered into with the creditors on his behalf, he being at that time…
1Opinion of the CourtMorgan, J.
In the view I take of this case, the charge of the judge was quite too favorable to the plaintiff The plaintiff must get rid of the compromise either upon the ground of fraud, or upon the ground of strict contract. The jury have negatived the allegations of fraud, and I see no reason to disturb their verdict upon any question of fact, which is material to the plaintiff’s case. Doubtless Robert L. Dill knew that the Yan Gaasbeck note was given to induce Horton to become a party to the compromise, before he paid it. The evidence plainly shows this ; but it does not show that he knew of it…
2Cases cited1 opinion
- Le Page v. McCreaNew York Supreme Court · 1828
3Cited by10 opinions
- Johnson v. RogersDistrict Court, N.D. New York · 1876
- Olney v. TannerDistrict Court, S.D. New York · 1882
- Bank of Commerce v. HoeberMissouri Court of Appeals · 1882
- Goldenbergh v. . HoffmanNew York Court of Appeals · 1877
- Clements' Appeal from ProbateSupreme Court of Connecticut · 1885
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