Clow v. Borst

New York Supreme Court

Clow v. Borst

6 Johns. 37

CourtNew York Supreme Court

DecidedMay 15, 1810

StatusPublished

Cited by16 cases

This text of 6 Johns. 37 (Clow v. Borst) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clow v. Borst, 6 Johns. 37 (N.Y. Super. Ct. 1810).

Pincite

Opinion

Per Curiam.

In the case of Grimes v. Bolfield, (Cro. Eliz. 541.) and which is cited as law, by Baron Comyns, (tit. Accord, A. 2.) it was held not to be a good plea of accord and satisfaction to a bond, that a stranger had surrendered a tenement to a plaintiff, in satisfaction of the debt, which he accepted; because the stranger was not privy to the bond; and a satisfaction given by him was not good. If this case be an authority, and it does not appear ever to have been questioned, the plea in the present case is bad, and judgment must be given for the plaintiff.

Judgment for the plaintiff.

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Per Curiam.

In the case of Grimes v. Bolfield, (Cro. Eliz. 541.) and which is cited as law, by Baron Comyns, (tit. Accord, A. 2.) it was held not to be a good plea of accord and satisfaction to a bond, that a stranger had surrendered a tenement to a plaintiff, in satisfaction of the debt, which he accepted; because the stranger was not privy to the bond; and a satisfaction given by him was not good. If this case be an authority, and it does not appear ever to have been questioned, the plea in the present case is bad, and judgment must be given for the plaintiff.

Judgment for the plaintiff.

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Bluebook (online)

6 Johns. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clow-v-borst-nysupct-1810.

Opinion

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