Tuthill v. . Wilson
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the second judicial department entered upon an order made February 15, 1882, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated m the opinion. A note or obligation will never be taken as payment of a debt unless it is expressly agreed to be so taken.
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Appeal from, judgment of the General Term of the Supreme Court in the second judicial department entered upon an order made February 15, 1882, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated m the opinion. A note or obligation will never be taken as payment of a debt unless it is expressly agreed to be so taken. (Porter v. Talcott, 1 Cow. 358, 383; Dunlap’s Paley on Agency, 257, n. 9; Morgan v. Brelzenburgher, 3 Md. 350; Bowers v. Bell, 20 Johns. 338; Thomas v. Dickenson,…
1Opinion of the CourtFinch, J.
The facts underlying the first cause of action stated in the complaint were substantially as follows. The plaintiff in 1872 was the owner in fee of Bobin’s island, but the property was subject to two mortgages, one securing a debt of $4,000, and the other of $1,200, each executed to Joseph M. Woodhull. In the latter part of the year the plaintiff made a contract, in writing and under seal, with William McNish, described on the face of the paper as the agent of John D. Scott, by the terms of which in consideration of $500 then paid, he agreed to sell to McNish as such agent Bobin’s island for…
2Cases cited2 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Trotter v. . HughesNew York Court of Appeals · 1854
3Cited by41 opinions
- Sanger v. WarrenTexas Supreme Court · 1898
- J. Aron & Co. v. DannebrogCourt of Appeals for the Second Circuit · 1923
- Klinger v. Modesto Fruit Co., Inc.California Court of Appeal · 1930
- McNamara v. ChapmanSupreme Court of New Hampshire · 1923
- Phillips v. RookerTennessee Supreme Court · 1915
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