Taylor v. Nussbaum
The Superior Court of New York City
Case on verdict, subject to the opinion of the court at general term. The action was tried before Mr. Justice Bosworth and a jury on the 8th of March, 1853. The pleadings are as follow.
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Case on verdict, subject to the opinion of the court at general term. The action was tried before Mr. Justice Bosworth and a jury on the 8th of March, 1853. The pleadings are as follow. New York Superior Court.—City and County oe New York.—Eli O. Taylor v. Philip Nussbaum & Julius Strauss. —The complaint of Eli 0. Taylor, the above-named plaintiff, shows to this court, that, at the city of New York, on or about the 1st day of April, 1851, he sold and delivered to Philip Hussbaum and Julius Strauss, the above-named defendants, twenty head of cattle, for which said defendants promised and…
1Opinion of the Court
Br the Court.
We are all of opinion that upon the facts found by the jury, the defendants are entitled to judgment.
Admitting that the cattle were not sold under a warranty, express or implied, as to their soundness, and that the defend*309ants had, therefore, no legal right to claim a deduction from the stipulated price; the deduction was, however, just and equitable in itself, and its equity is a sufficient consideration for its allowance. It is sufficient to exempt the case from the general rule, that the payment of a less sum than the amount of the debt is not a good accord and satisfaction.
But…
2Cited by6 opinions
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- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
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