Strang v. Holmes
New York Supreme Court
Debt on bond; in the penalty $7000, dated December 20th, 1817, conditioned to pay $1500 one year, and $1500 two years after date, with interest; tried at the Sullivan circuit, May 23,1826, before Betts, (late) C. Judge.
Read the full summary
Debt on bond; in the penalty $7000, dated December 20th, 1817, conditioned to pay $1500 one year, and $1500 two years after date, with interest; tried at the Sullivan circuit, May 23,1826, before Betts, (late) C. Judge. At the trial, the defendants, under the plea of non est factum, and a notice of special matter for that purpose, proved, that in July, 1821, one of the defendants conveyed land to the plaintiff by deed, expressing a consideration of $2500, which he received in satisfaction of the bond; though this was not delivered up or cancelled. The notice stated the accord and satisfaction…
1Opinion of the Court
* Curia, per Sutherland, J.
The defendants contend that the parol evidence of the giving and acceptance of the deed by way of accord and satisfaction of the bond, was inadmissable.
In Neal v. Sheaffield, (Cro. Jac. 254,) the action was debt upon an obligation for £14, conditioned for the payment of £7 at the birth of the plaintiff’s child. The defendant pleaded, that before the birth of the child, it was agreed between the plaintiff and the defendant, that whereas the plaintiff was to have a load of lime of the defendant, for which he should be indebted to him, that the defendant should acquit…
2Cases cited1 opinion
- Watkinson v. Inglesby & StokesNew York Supreme Court · 1810
3Cited by4 opinions
- Keeler v. . SalisburyNew York Court of Appeals · 1865
- People v. HortonMichigan Supreme Court · 1856
- Bush v. AbrahamOregon Supreme Court · 1894
- Morris Canal & Banking Co. v. Van Vorst's Admr'xSupreme Court of New Jersey · 1847