Ross v. . McCaldin
New York Court of Appeals
Appeal from a judgment of tlie Appellate Division of the Supreme Court in the second judicial department, entered December 9, 1907, affirming a judgment in favor of plaintiff entered "upon a decision of the court on trial at Special Term. The nature of the action and the facts so far as material are stated in the opinion.
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Appeal from a judgment of tlie Appellate Division of the Supreme Court in the second judicial department, entered December 9, 1907, affirming a judgment in favor of plaintiff entered "upon a decision of the court on trial at Special Term. The nature of the action and the facts so far as material are stated in the opinion. The receipt of the plaintiff constitutes no bar to a recovery for the admitted indebtedness, hence resort to a court of equity to remove it as an obstacle to such recovery was unnecessary. (Ryan v. Ward, 48 N. Y. 204; Tobey v. Barber, 5 Johns. 71; Murray v. Gouverneur, 2…
1Opinion of the CourtWillard Bartlett, J.
This is a common-law action to recover an indebtedness of $1,000 alleged to be due to the plaintiff from the defendant. The principal plea was payment. Evidently anticipating this plea the plaintiff in his complaint alleged that he had accepted two promissory notes from the defendant on account of his debt which had never been paid and that he had given to the defendant a receipt for $1,000 in full settlement of all liability, which receipt he asked to have vacated, annulled and rescinded. This prayer for relief was followed by a demand for judgment in the sum of $1,000, with interest and…
2Cases cited2 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Hand v. . KennedyNew York Court of Appeals · 1880
3Cited by4 opinions
- In re the Estate of RosenbergNew York Surrogate's Court · 1935
- Vieser v. BellowsAppellate Division of the Supreme Court of the State of New York · 1924
- Gutierrez v. GarciaAppellate Terms of the Supreme Court of New York · 1913
- Vieser v. BellowsAppellate Division of the Supreme Court of the State of New York · 1924