Legge v. Foster

Appellate Terms of the Supreme Court of New York

Legge v. Foster

131 N.Y.S. 582

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 10, 1911

StatusPublished

This text of 131 N.Y.S. 582 (Legge v. Foster) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Legge v. Foster, 131 N.Y.S. 582 (N.Y. Ct. App. 1911).

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Opinion

SEABURY, J.

In my judgment the complaint was properly dismissed. The check which the defendant sent to the plaintiff was inclosed in a letter which declared that it was paid “in full for services rendered.” It is true that the plaintiff in a letter repudiated the claim that the check was paid in full settlement. His action, however, in getting the money upon the check, spoke louder than his words, disavowing that the check was in full payment. He could not retain, the check, and at the same time repudiate the condition upon which it was delivered to him. Dunn v. Whalen, 120 App. Div. 729, 105 N. Y. Supp. 588; St. Regis Paper Company v. Tonawanda Company, 107 App. Div. 90, 94 N. Y. Supp. 946; Nassoiy v. Tomlinson, 148 N. Y. 326, 42 N. E. 715, 51 Am. St. Rep. 695.

I think that the judgment of the court below was correct, and that it should be affirmed, with costs. All concur.

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SEABURY, J.

In my judgment the complaint was properly dismissed. The check which the defendant sent to the plaintiff was inclosed in a letter which declared that it was paid “in full for services rendered.” It is true that the plaintiff in a letter repudiated the claim that the check was paid in full settlement. His action, however, in getting the money upon the check, spoke louder than his words, disavowing that the check was in full payment. He could not retain, the check, and at the same time repudiate the condition upon which it was delivered to him. Dunn v. Whalen, 120 App. Div. 729, 105 N. Y. Supp. 588; St. Regis Paper Company v. Tonawanda Company, 107 App. Div. 90, 94 N. Y. Supp. 946; Nassoiy v. Tomlinson, 148 N. Y. 326, 42 N. E. 715, 51 Am. St. Rep. 695.

I think that the judgment of the court below was correct, and that it should be affirmed, with costs. All concur.

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Bluebook (online)

131 N.Y.S. 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/legge-v-foster-nyappterm-1911.

Opinion

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