Robert v. Garnie
New York Supreme Court
DEBT on a bond in the penal sum of 2251. dated 17th March 1773, conditioned for the payment of 701. on the 1st of May then next, and 421. 10s. on the 1st of May, 1774. At the trial, payment of part of the amount was indorsed on the bond, and for the exact balance with interest, the following receipt was given in evidence.
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DEBT on a bond in the penal sum of 2251. dated 17th March 1773, conditioned for the payment of 701. on the 1st of May then next, and 421. 10s. on the 1st of May, 1774. At the trial, payment of part of the amount was indorsed on the bond, and for the exact balance with interest, the following receipt was given in evidence. “Received, Haverstraw, 5th of May, 1779, of Isaac Garnie the sum of one hundred and four “pounds, on account of a bond given to the estate of John De "Noyelles, deceased. E. W. Kiers executor.” The plaintiffs’ counsel then offered to prove, that at the time when the receipt…
1Opinion of the CourtTompkins, J.
Two questions are made in this case,
1-Whether the evidence which the plaintiffs offered, relative to the currency, in which the sum of money mentioned in the receipt of E. W. Kiers was probably paid, ought to have been submitted to the Jury?
2-Whether the plaintiffs were at liberty to apply that sum, or a sufficient part of it, to the discharge of the joint bond of the defendant and John Johnson, conditioned for the payment of twenty-pounds?
Although receipts for money are examinable, they ought not to be affected by circumstances so extremely slight, as those which the plaintiffs proposed to…
2Cited by6 opinions
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