Legal Opinion

Graves v. Friend

The Superior Court of New York City

Decided May 15, 1852PublishedCited by 2 opinions

The plaintiffs, from time to time, sold merchandise to defendant. On the 11th of March, 1851, he was owing them, on account, $392 31, and passed to them a note made by one Isaac H. Clark, payable to the order of, and indorsed by the maker, for $322 83, payable at bank 6 months from its date, and at the time of transferring it, took a receipt reading thus, viz. : “ New York, March 11th, 1851. “ Received from Mr. H. Friend, Isaac Clark’s note, Feb. 6, 1851, at 6 months, for…

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The plaintiffs, from time to time, sold merchandise to defendant. On the 11th of March, 1851, he was owing them, on account, $392 31, and passed to them a note made by one Isaac H. Clark, payable to the order of, and indorsed by the maker, for $322 83, payable at bank 6 months from its date, and at the time of transferring it, took a receipt reading thus, viz. : “ New York, March 11th, 1851. “ Received from Mr. H. Friend, Isaac Clark’s note, Feb. 6, 1851, at 6 months, for three hundred and twenty-two dollars and eighty-three cents, on account, without recourse. “ $322 83'. D. W. Graves & Co.…

1Opinion of the Court

By the Court.

Bosworth, J.

The first question properly arising on the case made, is this : Is the writing of March 11th a receipt, open as such to explanation and contradiction in all respects, or does it contain clauses of contract which cannot be varied by evidence of cotemporaneous verbal agreements, *570by which, in a certain event, the contract was to be inoperative and of no effect ? If the latter be its true character, a new-trial must be granted. It cannot be pretended that the want of authority in Bissell to sign the receipt, or that the transfer of the note, under a fraudulent concealment…

2Cases cited2 opinions

  1. Kellogg v. RichardsNew York Supreme Court · 1835
  2. Creery v. HollyNew York Supreme Court · 1835

3Cited by2 opinions

  1. Marsh v. . McNairNew York Court of Appeals · 1885
  2. Vacheron v. HildebrantNew York Supreme Court · 1902

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