M. S. Fleishman & Co. v. Ver Does

1 The original indebtedness of one thousand two hundred and fifty-seven dollars and ninety-three cents is not disputed, and the evidence without conflict shows the execution of the ten notes of forty-five dollars each, secured by a mortgage covering the defendants’ homestead, and that, by agreement with plaintiffs’ agent, there was indorsed on their itemized account: “Received $450 in full settlement of above account. Feb. 15, 1897. M. S. Fleishman & Go.” The issue as to whether, as a part of this agreement, the defendants were to pay the balance of the account, notwithstanding this receipt,…