
    John H. Evers et al., Plaintiffs, v. Louis G. Ostheimer, Defendant.
    (Supreme Court, Kings Trial Term,
    February, 1902.)
    Consideration.
    Part payment of a liquidated debt does not discharge the balance although offered, accepted and receipted for in full.
    
      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.
    At the close of the evidence both sides moved for a direction of a verdict, and the motion was reserved at defendant’s request.
    Herman H. Baker for plaintiffs.
    George M. Osgoodby for defendant.
   Gaynob, J.:

It 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).

A verdict is directed for the plaintiffs.  