Conkling v. King
New York Supreme Court
This was an appeal by the defendants from a judgment of the Albany mayor’s court. The suit was commenced in September, 1847, upon a book account. The declaration was in the usual form upon the common counts, and the plea the general issue, with notice of set-off. The cause was referred to D. Wright, Esq. as sole referee.
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This was an appeal by the defendants from a judgment of the Albany mayor’s court. The suit was commenced in September, 1847, upon a book account. The declaration was in the usual form upon the common counts, and the plea the general issue, with notice of set-off. The cause was referred to D. Wright, Esq. as sole referee. It was admitted, on the hearing before the referee, that on the 17th • day of May, 1840, there was due from the defendant to the plaintiffs the sum of $371,37, on account. The following facts were found hy the referee to have been proved, viz.: that on the said 17th of May,…
1Opinion of the Court
By the Court, Parker, J.
I shall consider this case upon the facts as found by the referee, though I am not certain the evidence warranted the conclusion that it was a part of the original agreement for compromise that the §100 note should not be taken in satisfaction, unless it was paid at maturity. The evidence shows nothing of any such condition, previous to the plaintiffs’ letter acknowledging the receipt of the note. By the facts found it appears that on the 17th of May, 1845, the defendant owed the plaintiffs §371,57, for goods sold and delivered. A compromise was agreed upon on that…
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