Lestienne v. Ernst
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Voldemar Lestienne and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 14th day of November, 1895, upon the dismissal of the complaint directed by the court after a trial before the court and a jury at the New York Circuit.
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Appeal by the plaintiffs, Voldemar Lestienne and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 14th day of November, 1895, upon the dismissal of the complaint directed by the court after a trial before the court and a jury at the New York Circuit. This action was brought to recover $347.10, a balance due for goods sold and delivered.' The answer denied that under any circumstances the unpaid balance amounted to as much as $347.10, and further pleaded an accord and satisfaction, upon which plea this…
1Opinion of the Court
O’Brien, J. :
The ground taken by the learned trial judge was, that the acceptance of the check by the plaintiffs was an accord and satisfaction of the debt in dispute, and the question upon this appeal is as to the correctness of such ruling.
According to the complaint, the demand was for $347.10; but, irrespective of the defendant’s claim for the $150, it was conceded upon the trial that this amount was subject to a reduction of $143.65, being the trade discount and the sum representing interest for anticipated payment. This becomes important upon the question as to whether the demand was…
2Cases cited2 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
3Cited by11 opinions
- Redmond & Co. v. Atlanta & Birmingham Air-Line RailwaySupreme Court of Georgia · 1907
- Ryan v. Progressive Retailer Publishing Co.Court of Appeals of Georgia · 1915
- Chicago, M. & St. P. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1899
- Ashland Coal & Coke Co. v. Old Ben Coal Corp.Superior Court of Delaware · 1934
- Lindsay v. GagerAppellate Division of the Supreme Court of the State of New York · 1896
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