Bissick v. McKenzie
New York Court of Common Pleas
Appeal by plaintiff from a judgment of the general term of the Marine Court, affirming a judgment entered on the report of a referee. The facts are as follows : On March 20th, 1862, the defendants were indebted to the plaintiff in about the sum of $609 75. Of this amount $206 22 was for the balance due on two overdue notes of defendants, Feld by plaintiff, and the remainder of the indebtedness was a balance of a book account for goods sold.
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Appeal by plaintiff from a judgment of the general term of the Marine Court, affirming a judgment entered on the report of a referee. The facts are as follows : On March 20th, 1862, the defendants were indebted to the plaintiff in about the sum of $609 75. Of this amount $206 22 was for the balance due on two overdue notes of defendants, Feld by plaintiff, and the remainder of the indebtedness was a balance of a book account for goods sold. On that date the plaintiff and defendants adjusted the accounts between them at the above-mentioned sum, and the defendants gave the plaintiff a bond and…
1Opinion of the Court
By the Court.*—J. F. Daly, J. [after stating the facts].
—The question before us is whether the judgment in the action of Pinner against these defendants, which the plaintiff put in *267evidence on the trial before the referee, is a bar to the defendants’ plea of payment by the bond and mortgage aforesaid in this action.
That issue was fully and fairly tried in the Pinner suit, and was the sole issue the jury had to pass upon. It was properly tried therein because Pinner took the notes after maturity and was subject to the equities existing in favor of defendants against his assignor, this…
2Cases cited1 opinion
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
3Cited by3 opinions
- Bush v. KnoxNew York Supreme Court · 1874
- Bush v. KnoxNew York Supreme Court · 1874
- Hartnett v. AdlerCity of New York Municipal Court · 1888