Brooks v. Moore
New York Supreme Court
MOTION" for a new trial, on a verdict for the defendant, rendered at the .circuit in Lewis county. The action was to recover a balance of $1,056.04 alleged to remain unpaid on two promissory notes: The defence was satisfaction by way of property agreed to be accepted, and accepted in payment of these two notes, as well as thirty-six others which were held by the plaintiff against the defendant.
1Opinion of the CourtHardin, J.
There was a question of fact for the jury, in this case, and their finding either way would have been justified by the evidence in the action.
The plaintiff alleged, and testified, that the property was to be taken and applied on the indebtedness of the defendant, at stated prices — as far as the property, at those prices, would pay the indebtedness; and that the balance of the indebtedness should be paid by the defendant, or the payment secured by other property.
The defendant alleged and testified that the plaintiff agreed to receive the property, covered by the written contract between them…
2Cases cited8 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Palmerton v. HuxfordNew York Supreme Court · 1847
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Morss v. SherrillNew York Supreme Court · 1871
- Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. RileyDistrict Court, S.D. New York · 1898
- Bernard v. Henry Werner Co.Appellate Terms of the Supreme Court of New York · 1897
- Hickinbottom v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1888
- Albrecht v. JohnsonCity of New York Municipal Court · 1887
- O'Conner v. PhillipsenNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.