Estey v. Birnbaum

Citations

• 9 S.D. 174
• 68 N.W. 290
• 1896 S.D. LEXIS 128

Syllabus

<p>1. In an action to recover an organ, under a chattel mortgage to secure the price, defendant testified that plaintiff’s agent, who held the notes for collection, had testified on a former trial that an order previously given him by defendant’s father had been accepted by him in full payment of the notes. Held, inadmissible, it being the admission of an agent after the act.</p> <p>2. One who claims that an order was received in full payment of a,n antecedent indebtedness must establish the fact that it was expressly agreed that it should be so accepted, or that the order has been paid.</p>