Alden v. Alden's Duck Farm, Inc.

Appellate Division of the Supreme Court of New York

Alden v. Alden's Duck Farm, Inc.

257 A.D. 848, 12 N.Y.S.2d 521, 1939 N.Y. App. Div. LEXIS 8151

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 23, 1939

StatusPublished

This text of 257 A.D. 848 (Alden v. Alden's Duck Farm, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alden v. Alden's Duck Farm, Inc., 257 A.D. 848, 12 N.Y.S.2d 521, 1939 N.Y. App. Div. LEXIS 8151 (N.Y. Ct. App. 1939).

Pincite

Opinion

Plaintiff sues on a promissory note for $200 made by the individual defendant and the corporate defendant, all the stock of which Was owned by the former. The defenses are payment and release pursuant to the terms of a written agreement made by plaintiff and the individual defendant. The court directed a verdict in favor of plaintiff against both defendants. The written agreement provides that plaintiff and the individual defendant mutually agreed to release each other from all obligations and it was to constitute a complete release, neither party to have any further claim against the other. Defendant Alden testified plaintiff agreed to surrender all the notes defendants had previously signed and which were held by her, in consideration of an immediate payment of $350. Upon receiving the money she returned all the notes but the one in suit. Under the proof an issue of [849]*849fact as to the payment and discharge of the note was raised, and it Was error to direct a verdict for plaintiff. Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event. Lazansky, P. J., Johnston, Adel and Taylor, JJ., concur; Close, J., concurs in the result.

Free access — add to your briefcase to read the full text and ask questions with AI

Plaintiff sues on a promissory note for $200 made by the individual defendant and the corporate defendant, all the stock of which Was owned by the former. The defenses are payment and release pursuant to the terms of a written agreement made by plaintiff and the individual defendant. The court directed a verdict in favor of plaintiff against both defendants. The written agreement provides that plaintiff and the individual defendant mutually agreed to release each other from all obligations and it was to constitute a complete release, neither party to have any further claim against the other. Defendant Alden testified plaintiff agreed to surrender all the notes defendants had previously signed and which were held by her, in consideration of an immediate payment of $350. Upon receiving the money she returned all the notes but the one in suit. Under the proof an issue of [849]*849fact as to the payment and discharge of the note was raised, and it Was error to direct a verdict for plaintiff. Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event. Lazansky, P. J., Johnston, Adel and Taylor, JJ., concur; Close, J., concurs in the result.

Cite This Page — Counsel Stack

Bluebook (online)

257 A.D. 848, 12 N.Y.S.2d 521, 1939 N.Y. App. Div. LEXIS 8151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alden-v-aldens-duck-farm-inc-nyappdiv-1939.