¶1It is elementary that the payment of part does not satisfy the whole of a liquidated debt, although offered, accepted and receipted for in full (Ryan v. Ward, 48 N. Y. 204).
¶2A verdict is directed for the plaintiffs.
37 Misc. 163
Evers v. Ostheimer
Decided February 15, 1902
New York Supreme Court · decided 1902-02-15
Action on a judgment for $263.11 entered in 1885. The defendant pleaded payment, and gave in evidence a receipt made March 2, 1894, by one of the plaintiffs for $75 from the defendant “ in full of all claims to date ”, and a like receipt made on the same day by the other plaintiff for $25 “ to satisfy my part of judgment ” (describing it). The defendant testified that these were the only payments made on the judgment.
Relies on Ryan v. . Ward
Decided 1902-02-15