Majority
p. 333Dederick against Leman and others, heirs of Leman. NEW YORK. Oct. 1812.
Headnote
A plea of actionment. - &piC~A~C~~ act~oe ef deb~ on a bondw~ ditioned pay 771 the di'al paid the p~a~r tiff 31. 9~. th~ p~lF "a~~ ccpt~t~ aelvell fa~R pay~cnt~fth~ ed hi the coo~ Cf th~ bned~ c~wI ~` ~ Cf th~ bned~ c~wI foil of `dl &- mnn~t v'haf ;oevc~ `THIS war~ an aclion of debt~ on a bond executed by Geo'ege Lc~ the ancestor~ in hiz lifetime, on the ~i~t May, 1790, for the ~um ~f 154 pound~ (3~35 dollars~) by wb~ch he bound himself, his heir~ &c~ in the ~iisua1 foii'ni~ to the plaintift conditioned to pay ~z Cu before th~ 1~t Oetob~ thee uox~ with interest at 6 rer ce~zt~
The defendiant~ after e~avh~ oye? of the cond~flon, p1e~ided thrit the plaint~~ w~ght not t~ h~ive an~ rnah~ta~n hks ~ct~on, &c, be~ ~au~e, after the maldng of the bo~d~ and the death of the thilgoli', the husband af one of the heh~ on the 1~th of Febrwo'~ 1798, p~ir1 te the p1~inthf the &m~ ef 31~ ~s0 W~0 cq~aI to 8 dollars and cents~ whkh sum the p~ahith~' accept&~ m~d received iu full payment of the sum of money raent~oried in the condition of the bond, and in full of all demands wha~ocver~
The p1a~nflW demurred to the pka~ and the dek'endanthjoiued ~ demurrer; and the same, was submitted to the court without argu-
Here was a bond executed in the year 1790, conditioned to pay 771. on a day past, with interest ; and the plea is, that the husband of one of the heirs paid to the plaintifl on the 13th February, 1798, "3l. 9s. 7d. which he accepted and receiv~ ed in full payment of the sum in the condition mentioned, and in full of all demands whatsoever." This plea is demurred to; and it is palpably bad, either as a plea of payment, or of accord and satisfaction. The authorities to this point are referred to by the court, in Watkinson v. Inglesby & Stokes. ( 5 Johns. Rep. 391 .)
- Judgment for the plaintiff