Jackson v. Volkening
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Otto Yolkening, doing business under the name and style of Yolkening & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of June, 1902, upon the verdict of a jury rendered by direction of the court.
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Appeal by the defendant, Otto Yolkening, doing business under the name and style of Yolkening & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of June, 1902, upon the verdict of a jury rendered by direction of the court. The action was brought to recover the sum of $675.69, a balance of account and interest thereon alleged to be owing by the défendant on the purchase price of certain marble bought by two separate contracts in writing dated the 30th day of April and the 29th day of June,…
1Opinion of the Court
Laughlin, J.:
We think the defendant made out & prima facie case of accord and satisfaction, and, upon the undisputed facts in the record,, in the absence of evidence that his claim to a rebate was made in bad faith, a verdict should have been directed for him instead of for the plaintiff. The rule of law is well established, undoubtedly, that where a liquidated sum is due, the payment of part only, although accepted in satisfaction, is not, for want of consideration, a discharge of the entire indebtedness, but this’ rule is not looked upon with favor and is confined strictly to cases falling…
2Cases cited16 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
- Ryan v. . WardNew York Court of Appeals · 1872
- Ostrander v. ScottIllinois Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Schnell v. . PerlmonNew York Court of Appeals · 1924
- Dunn v. WhalenAppellate Division of the Supreme Court of the State of New York · 1907
- St. Regis Paper Co. v. Tonawanda Board & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
- Thomas v. ZahkaNew York Supreme Court · 1917
23 more not listed; retrieve them via the Exa API.