10 N.Y. 68 | NY | 1873
The judgment cannot be reversed upon the ground of a compromise between the parties. There was some evidence tending to show that the defendant doubted the correctness of the account rendered by the plaintiff, and
Wm. Burton, cr. by cash on account, $1 00
Gift, to balance account, 820 91
And that the plaintiff, for the purpose of carrying out the arrangement, gave the defendant a receipt, of which the following is a copy: “ Received of William Burton one dollar, in full, to balance all book accounts, up to date, of whatever name and nature.” The referee further found that it was the intention of both parties that the plaintiff, by such acts, so done, should and did give to the defendant the whole of said debt for one dollar; which sum was paid and received for the sole purpose of discharging the entire debt. From which facts the referee deduced the following legal conclusions : That there was no valid compromise or accord and satisfaction of the debt; that it was not a valid gift in law of the debt from the plaintiff to the defendant; that the plaintiff was entitled to recover of the defendant the amount of the debt, less the one dollar paid. The only construction of
The judgment must be reversed and a new trial ordered, costs to abide the event.
All concur, except Rapallo and Folger, JJ., not voting.
Judgment reversed.