Spicer v. Raplee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Raplee, as executor, etc., of Joshua Raplee, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of- the. clerk, of the county -of Yates on the l;3th day of May, 18,95, upon the report .pf a referee. The .complaint in this action is against George Raplee, as sole executor of Joshua Raplee, deceased, and against.him individually.
Read the full summary
Appeal by the defendant, George Raplee, as executor, etc., of Joshua Raplee, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of- the. clerk, of the county -of Yates on the l;3th day of May, 18,95, upon the report .pf a referee. The .complaint in this action is against George Raplee, as sole executor of Joshua Raplee, deceased, and against.him individually. Joshua Raplee died on the 31st day of August, 1888, in the town of Barrington, Yates county, leaving a last will and testament in which he -nominated George Raplee -one of his. -executors. .…
1Opinion of the Court
Hardin, P. J.:
The appellant insists that there was an accord and satisfaction produced by the payment made by the executor to Oliver Raplee and the transaction accompanying the payment. He calls our attention to the testimony given by the defendant in respect thereto; and the defendant as a witness refers to an interview that took place at his home on the 30th day of December, 1888) when Oliver Raplee applied to the defendant for some more money upon the claim. The defendant testifies that in the interview with Oliver, Oliver consented to take $250 .upon the account in payment in full…
2Cases cited7 opinions
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Johnson v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1873
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- Brookville National Bank v. KimbleIndiana Supreme Court · 1881
- Gilbert v. . ComstockNew York Court of Appeals · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Crocker v. IrelandNew York Supreme Court · 1931
- Metropolitan Trust Co. v. TruaxAppellate Division of the Supreme Court of the State of New York · 1913
- United States v. HeinrichCourt of Appeals for the Second Circuit · 1934