Bakes v. Connell
New York Court of Common Pleas
Appeal by the defendants on a case and exceptions. The action was brought to recover two thousand dollars, being the sum settled and fixed as liquidated damages to be paid by the defendant in case of a violation by him of an agreement, under seal, entered into between the parties, whereby the defendant in consideration of $3,000, The answer averred that $2,000 was the real consideration money of the agreement, and denied that "the plaintiff had suffered damages. « . . On the…
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Appeal by the defendants on a case and exceptions. The action was brought to recover two thousand dollars, being the sum settled and fixed as liquidated damages to be paid by the defendant in case of a violation by him of an agreement, under seal, entered into between the parties, whereby the defendant in consideration of $3,000, The answer averred that $2,000 was the real consideration money of the agreement, and denied that "the plaintiff had suffered damages. « . . On the trial, the defendant’s counsel offered to prove that the snm of three thousand dollars was never paid as consideration…
1Opinion of the Court
By the Court.
Daly, F. J.
The defendant averred in his answer that but two thousand dollars of the three thousand acknowledged in the agreement to have been received had been paid, and upon the trial offered to show that the three thousand dollars were never paid by the defendant. This I think lie had a right to show. Although an instrument under seal acknowledges that the consideration expressed in it has been received, paroi evidence is admissible to show that it has not been paid, so far as the question may affect the ultimate right of the parties, the only restriction that has been imposed…
2Cases cited3 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Bowen v. BellNew York Supreme Court · 1823
- Shephard v. LittleNew York Supreme Court · 1817
3Cited by1 opinion
- Henderson v. FullertonNew York Court of Common Pleas · 1878