Cooke v. McAdoo

The opinion of the court was delivered by

Kalisch, J.

There was a direction of a verdict for the plaintiff for the sum of $16,014.96. Neither the indebtedness nor the amount thereof was disputed by the defendant.

The sole defence relied on in the court below and insisted upon here as a bar to the plaintiff’s right of recovery, was and is that the proof in the case showed that there had been a novation of the debt sued upon. This the appellant claims is made to appear by correspondence had by him with the plaintiff. The plaintiff wrote to the appellant: "If you will substitute a single note with…