Kingston Bank v. Gay
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was upon a promissory note, against makers and indorsers. It appeared upon the trial that the note, having become due, and having been protested for nonpayment, was placed in the hands of the attorney of the plaintiffs for collection. Before a suit was commenced, the makers enclosed in a letter, and forwarded to the plaintiffs’ cashier, a sum sufficient to pay the note and the fees of protest.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. The action was upon a promissory note, against makers and indorsers. It appeared upon the trial that the note, having become due, and having been protested for nonpayment, was placed in the hands of the attorney of the plaintiffs for collection. Before a suit was commenced, the makers enclosed in a letter, and forwarded to the plaintiffs’ cashier, a sum sufficient to pay the note and the fees of protest. The cashier replied by. letter, stating that the note was in the hands of the attorney : that costs, to the amount of about $7,…
1Opinion of the Court
By the Court,
Harris, J.
To constitute a payment, money or some other valuable thing must be delivered by the debtor to the creditor, for the purpose of extinguishing the debt, and the creditor must receive it for the same purpose. In this case, the debtors forwarded to the plaintiffs money to pay their debt. But the plaintiffs refused to receive it in payment. Instead of doing this, they informed the defendants that the money was subject to their order. The note, therefore, was not paid. The creditor did not consent to receive the money in payment, and . without such consent there could be no…
2Cases cited1 opinion
- Adams v. Orange County BankNew York Supreme Court · 1837
3Cited by14 opinions
- Martin v. . KunzmullerNew York Court of Appeals · 1867
- Sokoloff v. National City BankNew York Supreme Court · 1927
- Merritt v. GouleyNew York Supreme Court · 1890
- In re the Estate of KellyNew York Surrogate's Court · 1934
- South Missouri Land Co. v. RhodesMissouri Court of Appeals · 1893
9 more not listed; retrieve them via the Exa API.