Frisbie v. Larned
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit, in September, 1838, before the Hon. John P. Cushman, one of the circuit judges. In October, 1835, the plaintiffs sold goods to the defendants, who were in partnership as merchants, to the amount of $149 67. In the spring of 1836, the partnership of the defendants was dissolved, M’Kinney agreeing to pay the partnership debts.
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This was an action of assumpsit, tried at the Rensselaer circuit, in September, 1838, before the Hon. John P. Cushman, one of the circuit judges. In October, 1835, the plaintiffs sold goods to the defendants, who were in partnership as merchants, to the amount of $149 67. In the spring of 1836, the partnership of the defendants was dissolved, M’Kinney agreeing to pay the partnership debts. In October, 1836, M’Kinney transferred to the plaintiffs a note made by one Williams for $1 36, and paid them $9 89 in cash, which note and cash were credited on the books of the plaintiffs, and the account…
1Opinion of the Court
By the Court,
Cowen, J.
Williams’ note, endorsed by M’Kinney, was received as payment. This is evident, from its being credited on the books, with the small sum of money paid at the same time, and the balance struck by the book. Prima facie, here was an accord and satisfaction. New York State Bank v. Fletcher, 5 Wendell, 85. Booth v. Smith, 3 id. 66. The reason why, in Smith v. *452Rogers, 17 Johns. R. 340, the new note was not allowed as payment, in a ease much like this, was, because the receipt of the note declared that when paid, it was to be credited. In the case at bar it was absolutely…
2Cases cited2 opinions
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- Bank of New Hanover v. BridgersSupreme Court of North Carolina · 1887
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