Wilson v. Gould
New York Supreme Court
Appeal from a judgment dismissing the complaint, entered upon an order made at a Circuit, and also from an order denying a motion for a new trial, made upon tlie minutes of the justice before whom the action was tried.
1Opinion of the Court
Daniels, J.:
By tbe complaint in this action the plaintiff stated his cause of action to be for goods, wares, &c., consisting of two and a half cases of zinc, sold to tlie defendants for tbe price and value of $132.0“7, and that no part of tlie price has been paid. The defendants by their answer relied as a defense upon the fact that a composition or compromise had taken place between themselves and tbe plaintiff, under section 5103 of the United States Devised Statutes ; and that in such composition the demand in suit had been settled and adjusted. It appeared by tlie evidence iu tbe case…
2Cases cited3 opinions
- Dusenbury v. . HoytNew York Court of Appeals · 1873
- Bush v. BarnardNew York Supreme Court · 1811
- Draper & Devlin v. JonesNew York Supreme Court · 1851