Johnston v. Brannan
New York Supreme Court
THIS action was brought against the defendant ■ as ^rst endorsee of a promissory note, dated 24th November, 1807, made by John Jackson, for 933 dollars and 40 cents, payable to Brannan or order, sixty days after date, and endorsed by him to Isaac Riley, and by Riley to Samuel Hunter, and by him to the plaintiff.
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THIS action was brought against the defendant ■ as ^rst endorsee of a promissory note, dated 24th November, 1807, made by John Jackson, for 933 dollars and 40 cents, payable to Brannan or order, sixty days after date, and endorsed by him to Isaac Riley, and by Riley to Samuel Hunter, and by him to the plaintiff. The de fendant pleaded, 1. Non assumpsit •.* Payment before the commencement of the suit., with notice of a set-off, to which there was a replication _ 7 _ 7 and issue. The defendant, afterwards, put in a plea _ . pins darrem continuance, as of August term, 1809, that after the making…
1Per curiam
Though the general rule is, that payment of a less sum, after the debt is due, in satisfaction of the debt, is not good, by way of accord and satisfaction, yet that rule ought not to be applied to a case like the present, where the payment which was accepted in satisfaction, exceeded the principal sum in the note, and only fell short about 2 dollars, in the calculation of interest. The question as to the time to which interest is to be computed is flexible, and depends much upon circumstances preceding and attending the settlement of parties. They are not apt to be precise as to a day, and to…
2Cited by15 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Tanner v. MerrillMichigan Supreme Court · 1895
- Simmons v. AlmyMassachusetts Supreme Judicial Court · 1869
- Frye v. HubbellSupreme Court of New Hampshire · 1907
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