Morris Canal & Banking Co. v. Van Vorst's Admr'x
Supreme Court of New Jersey
On Demurrer to Pleas, &c. This was an action of debt on bond to Morris Canal & Banking Co. (penalty $10,000), against defendant as administratrix of John Van Vorst, deceased, who was one of the sureties of A. B., a clerk and cashier of the company.
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On Demurrer to Pleas, &c. This was an action of debt on bond to Morris Canal & Banking Co. (penalty $10,000), against defendant as administratrix of John Van Vorst, deceased, who was one of the sureties of A. B., a clerk and cashier of the company. The condition of the bond was, “ That whereas the said A. B. is, and is to be retained aud employed by the said Morris Canal and Banking company: Now if the sa>d A. B. shall well and faithfully servo the said Company, and if the said H. J. M. and J. V. V., or cither of them, or either of their heirs, &c. shall well and faithfully from time to time…
1Opinion of the CourtCarpenter, J.
(with whom Justice Whitehead concurred), delivered the following opinion:
*108The third plea is clearly insufficient, as a plea of accord and satisfaction, supposing such plea may be pleaded to this action, because it docs not aver that the plaintiff accepted and received the sum alleged to have been paid in satisfaction.
The fourth plea-coutaius an averment that the note therein specified was not only given, but accepted in full satisfaction, &c. It is therefore not liable to the objection taken to the preceding plea. It seems to be no objection to the plea, if otherwise valid, that the…
2Cases cited10 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Kellogg v. RichardsNew York Supreme Court · 1835
- McLemore v. PowellSupreme Court of the United States · 1827
- United States v. NichollSupreme Court of the United States · 1827
- New-York State Bank v. FletcherNew York Supreme Court · 1830
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3Cited by1 opinion
- Massey v. Del-Valley Corp.New Jersey Superior Court Appellate Division · 1957