Mance v. . Hossington
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 14, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The facts proven present a plain and simple question of accord and satisfaction which must he decided in favor of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 14, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The facts proven present a plain and simple question of accord and satisfaction which must he decided in favor of the defendant. (Harris v. Van Wart, 96 N. Y. 642; Fuller v. Kemp, 138 N. Y. 231; Nassoiy v. Tomlinson, 148 N. Y. 326; Logan v. Marshall, 18 App. Div. 353; 162 N. Y. 624; Komp v. Raymond, 42 App. Div.…
1Opinion of the CourtChase, J.
This action is brought to recover one-third of the receipts from the product of a dairy from October 7th, 1904, to March 1, 1905, as part of the alleged agreed consideration for the services of the plaintiff and his family on the farm of the defendant’s testator.
The plaintiff claims that the defendant’s testator agreed to give him for such services the use of a house and all necessary food, provisions and fuel for himself and family during said term and in addition thereto, one-third of the receipts from the product of said dairy. The services are not disputed and the plaintiff had the use of…
2Cases cited8 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Ryan v. . WardNew York Court of Appeals · 1872
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Kromer v. . HeimNew York Court of Appeals · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Reilly v. . BarrettNew York Court of Appeals · 1917
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Mokar Properties Corp. v. HallAppellate Division of the Supreme Court of the State of New York · 1958
- Cain v. EsthetiqueDistrict Court, S.D. New York · 2016
34 more not listed; retrieve them via the Exa API.