Foxell v. . Fletcher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department,- entered upon an order made November 16,1880, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial by the court.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department,- entered upon an order made November 16,1880, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial by the court. " The summons in this action was issued to the sheriff for service January 3, 1877. The action was brought to recover an indebtedness of $966.28. On January 6, 1877, plaintiffs executed the following agreement, in consideration of the conveyance to them as • therein stated; “Whereas, George W. Fletcher is indebted to us in the sum of $956.28,…
1Opinion of the CourtRapallo, J.
We think that the true interpretation of the agreement of January 5, 1877, is, that the plaintiffs agreed to extend the time of payment of the $956.28 then due them, -by making the amount payable in monthly payments of not less than $25 each, to be paid on the first day of each month, thus giving the defendant not exceeding thirty-eight months within which to pay the whole debt, and the consideration for this extension was the conveyance by Andrews of the land at Newark as security. The construction sought by the defendant to be put upon this stipulation, and which was sustained by the' court…
2Cited by6 opinions
- Boynton v. SalingerSupreme Court of Iowa · 1910
- Stack v. Detour Lumber & Cedar Co.Michigan Supreme Court · 1908
- Llewellyn Iron Works v. LittlefieldWashington Supreme Court · 1913
- Mondioli & Stewart v. American Building Co.Washington Supreme Court · 1915
- Meek v. Electrical Engineering Equipment Co.Appellate Court of Illinois · 1935
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