Noel v. . Murray
New York Court of Appeals
Action in the New-York superior court to recover the price of looking-plass plates, sold and delivered to the plaintiff. The cause was tried before Mr. Justice Paine and a jury.
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Action in the New-York superior court to recover the price of looking-plass plates, sold and delivered to the plaintiff. The cause was tried before Mr. Justice Paine and a jury. The plaintiffs proved that the defendant ordered the plates on the 8th of October, 1850; that on the 10th, a person who was to frame them for the defendant called by the direction of the latter at the plaintiffs’ store and measured them ; that they were delivered on and after the 12th of October; and that they amounted to $1027, of which $38.33 were paid on the 12th of October, leaving $988.67 unpaid. The counsel for…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It may be conceded that the acceptance of the note of a third person by the creditor from his debtor does not operate as a satisfaction of the precedent debt, unless it be shown that such at the time was the agreement of the parties. The difficulties in the application of this rule have generally been found to be in determining what evidence was sufficient to establish the fact of the agreement, or to justify submitting the evidence to the jury as raising a…
2Cases cited2 opinions
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Rew v. BarberNew York Supreme Court · 1824
3Cited by47 opinions
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
- Hall v. . StevensNew York Court of Appeals · 1889
- State v. WilcoxSouth Dakota Supreme Court · 1925
- Dibble v. . RichardsonNew York Court of Appeals · 1902
- Atlas S. S. Co. v. Colombian Land Co.Court of Appeals for the Second Circuit · 1900
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