Legal Opinion

Line & Nelson v. Nelson & Smalley

Supreme Court of New Jersey

Decided June 15, 1876PublishedCited by 6 opinions

In case. On rule to show cause.

1Opinion of the Court

*359The opinion of the court was delivered by

Van Syckel, J.

This suit is upon a promissory note, dated October 8th, 1863, for $500, given by Kelson & Smalley to Line & Kelson.

In March, 1870, Smalley, one of the defendants, paid to Kelson, one of the plaintiffs, the sum of $250 on this note, at which time Kelson said he would not hold Smalley liable for the balance of the note, and promised to execute a writing to that effect.

The only question in the cause is, whether this constitutes a legal defence to the note.

The defence is rested upon the ground that this agreement operated as a release to…

2Cases cited4 opinions

  1. Rowley v. StoddardNew York Supreme Court · 1810
  2. Couch v. MillsNew York Supreme Court · 1839
  3. Hosack v. RogersNew York Court of Chancery · 1840
  4. Frink v. GreenNew York Supreme Court · 1849

3Cited by6 opinions

  1. Borbely v. Nationwide Mutual InsuranceDistrict Court, D. New Jersey · 1981
  2. Roe v. Citizens National BankCourt of Special Appeals of Maryland · 1976
  3. Cooper v. Robert Hall Clothes, Inc.Indiana Court of Appeals · 1978
  4. ALLIANCE SHIPPERS INC. VS. CASA DE CAMPO INC. (L-2650-13, MIDDLESEX COUNTY AND STATEWIDE) (CONSOLIDATED)New Jersey Superior Court Appellate Division · 2019
  5. Anzano v. Metropolitan Life Ins.District Court, D. New Jersey · 1940

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