Hammond v. Christie
The Superior Court of New York City
Appeal from a judgment entered upon the report of a referee. The plaintiff alleged, in his complaint, that on or about the 1st of May, 1862, at the city of New York, he employed the defendants, (then and still co-partners, under the firm of “ Christie & Stow,”) as claim agents and brokers, to collect from the United States government certain bills for the plaintiff) amounting to a certain sum, ($2146,) which he delivered to them, as such co-partners, and claim agents and…
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Appeal from a judgment entered upon the report of a referee. The plaintiff alleged, in his complaint, that on or about the 1st of May, 1862, at the city of New York, he employed the defendants, (then and still co-partners, under the firm of “ Christie & Stow,”) as claim agents and brokers, to collect from the United States government certain bills for the plaintiff) amounting to a certain sum, ($2146,) which he delivered to them, as such co-partners, and claim agents and brokers, and they undertook to collect the amount of said bills from said United States, and to pay the proceeds over to…
1Opinion of the Court
By the Court, Jones, J.
The plea of accord and satisfaction is not supported by the proof. The only tender was made to the plaintiff’s attorney, who declined to accept it as satisfaction. Consequently one of the essentials to the validity of a plea of accord and satisfaction, viz. an accept*166anee, is wanting. It is true, he agreed to and did accept payment of a draft held 'by him, upon the defendants; but he declined to, and did not accept it as a payment made under the agreement of August 8,' 1863, and he wholly declined to accept the costs of suit. (Tilton v. Alcott, 16 Barb. 598. Geary v.…
2Cases cited8 opinions
- Palmerton v. HuxfordNew York Supreme Court · 1847
- Coon v. . KnapNew York Court of Appeals · 1854
- Tilton v. AlcottNew York Supreme Court · 1853
- Walker v. . MillardNew York Court of Appeals · 1864
- Neary v. BostwickNew York Court of Common Pleas · 1859
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