Potter v. Sager
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Albert E. Sager and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 27th day of April, 1917, upon the decision of the court after a trial at the Monroe Special Term, and also from an order entered in said clerk’s office on the 28th day of December, 1916, granting plaintiff an extra allowance.
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Appeal by the defendants, Albert E. Sager and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 27th day of April, 1917, upon the decision of the court after a trial at the Monroe Special Term, and also from an order entered in said clerk’s office on the 28th day of December, 1916, granting plaintiff an extra allowance. The judgment decreed the foreclosure of a mortgage and the sale of the mortgaged premises. The plaintiff was a non-resident of Monroe county who held certain real estate mortgages on…
1Opinion of the Court
Hubbs, J.:
The delivery of the checks in question by the defendant Albert E. Sager to the plaintiff’s agent Sherwood did not of itself constitute payment. The question is whether or not the checks constituted payments when actually paid by the bank upon which they were drawn.
Where a person is an agent with authority from his principal to collect principal and interest, the general rule is that a payment by a debtor to such agent, to constitute a good payment, must be made in cash. The reason for this rule is that a payment in any other medium is not as good as cash — is not the exact…
2Cases cited6 opinions
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Glennan v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913
- Cohen v. O'ConnorNew York Court of Common Pleas · 1873
- Glennan v. Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1912
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3Cited by6 opinions
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- Louis Solomon, Inc. v. DeutschAppellate Terms of the Supreme Court of New York · 1924
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