Allison v. . Abendroth
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made January 12,1886, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made January 12,1886, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. (Reported below, 38 Hun, 586.) This action was brought by plaintiffs as assignees of- the firm of William 0. Allison & Sons, against the members of the firm of Griffith & Wundram to recover a balance alleged to be due on account by the latter to the former firm. The defendant Abendroth, who alone appeared and answered, alleged a purchase by and assignment to him of the…
1Opinion of the CourtAndrews, J.
If the transaction between the firm of W. C. Allison & Sons and the defendant Abendroth was in legal character, simply a transaction between debtor and creditor, by which the latter agreed to receive and the former agreed to pay twenty-five per cent of the debt in full satisfaction, followed by actual payment and receipt of the stipulated sum in execution of the agreement, there being no consideration for the agreement of the creditor to discharge the balance of the debt, except the payment by the debtor of the agreed proportion thereof, the case would fall within the well settled doctrine of…
2Cases cited4 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Keeler v. . SalisburyNew York Court of Appeals · 1865
- Luddington v. . BellNew York Court of Appeals · 1879
3Cited by16 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Moers v. . MoersNew York Court of Appeals · 1920
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Chicago, M. & St. P. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1899
11 more not listed; retrieve them via the Exa API.