Braude v. Vehon

<p>Abstract of the Decision.</p> <p>1. Compositions with creditors—when burden of proving compliance with agreement on defendant. In an action for goods sold and delivered, where the defendant set up as a defense a creditor’s compromise agreement signed by the plaintiffs, held that the burden was on the defendant of proving his compliance therewith.</p> <p>2. Compositions with creditors—when evidence insufficient to show compliance with agreement. Evidence in an action ‘wherein a compromise agreement was set up as a defense, held to show that the defendant had not made payment to the plaintiffs within the time fixed by the agreement.</p> <p>3. Compositions with creditors—how original debt revived. Where a debtor fails to pay the agreed percentage of a claim'within the time fixed therefor in a creditor’s compromise agreement, the original debt is revived and the full amount thereof may be recovered by the creditor.</p>