Komp v. . Raymond
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The receipt is not a contract, and oral evidence explaining it was admissible.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The receipt is not a contract, and oral evidence explaining it was admissible. (C. A. G. Co. v. U. S., 20 Ct. of Cl. 1; Herrick v. Throop, 24 Fed. Rep. 532; Hotchkiss v. Mosher, 48 N. Y. 478; Abbe v. Eaton, 51 N. Y. 410;…
1Opinion of the CourtMartin, J.
The complaint contained two counts or causes of action. The first was based upon a written agreement between the parties, and the second was for work, labor and services performed by the plaintiff after the expiration of the term provided for by the written agreement. The answer admitted the making of the contract and averred as a defense an accord and satisfaction. Other defenses were pleaded, but they are wholly immaterial upon this appeal.
Upon the trial the defendant practically conceded the plaintiff’s right of action and assumed the affirmative of proving as a defense a valid accord and…
2Cases cited14 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Tobey v. BarberNew York Supreme Court · 1809
- Ryan v. . WardNew York Court of Appeals · 1872
- Justice v. . LangNew York Court of Appeals · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Anthony J. Caserta v. Home Lines Agency, Inc.Court of Appeals for the Second Circuit · 1959
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Mance v. . HossingtonNew York Court of Appeals · 1912
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
39 more not listed; retrieve them via the Exa API.