Baker v. Robbins
New York Supreme Court
Error to the Monroe common pleas. The suit was commenced in a justice’s court where the plaintiff recovered; and the defendant appealed.
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Error to the Monroe common pleas. The suit was commenced in a justice’s court where the plaintiff recovered; and the defendant appealed. On the trial the plaintiff under a declaration containing the common counts established a cause of action in assumpsit, for work, labor and materials, and for goods sold to the amount of $60. The defendant proved that shortly after the plaintiff’s debt accrued he delivered to the plaintiff two promissory notes made by third persons and payable to the defendant or bearer, for sums amounting in the aggregate to $50, and also a set-off of $4,94. It appeared…
1Opinion of the Court
By the Court, Beardsley, J.
Assuming the existence of a special agreement by which the plaintiff, when he delivered the property and rendered the services, agreed to receive the notes in question in part payment, still, on rescinding the contract ho might recover, as for goods sold, &c. the full amount agreed to he paid and which remained unsatisfied. And if the plaintiff had been defrauded in regard to the notes, he had an undoubted right to avoid his agreement to - receive them in part payment. (Willson v. Foree, 6 John. 110.) But in order to do this, he was bound to return or offer to…
2Cases cited3 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Willson v. ForeeNew York Supreme Court · 1810
- Pierce & Pierce v. DrakeNew York Supreme Court · 1818
3Cited by17 opinions
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Roth v. PalmerNew York Supreme Court · 1858
- Desha's Exrs. v. RobinsonSupreme Court of Arkansas · 1856
- Ryan v. BrantIllinois Supreme Court · 1866
- Tallman v. TurckNew York Supreme Court · 1857
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