Graves v. Friend
The Superior Court of New York City
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
- Kellogg v. RichardsNew York Supreme Court · 1835
- Creery v. HollyNew York Supreme Court · 1835
3Cited by2 opinions
- Marsh v. . McNairNew York Court of Appeals · 1885
- Vacheron v. HildebrantNew York Supreme Court · 1902