Candler & Hart v. Rossiter
New York Supreme Court
Error from the New-York common pleas. Rossiter sued Candler and Hart, and declared against them for that whereas the defendants, on, &c. at, &c. were indebted to the plaintiff in the sum of $500, being so much money paid, laid out and expended by the plaintiff for the use of the defendants : for that whereas the plaintiff by means of one E. C., his agent, did purchase from the defendants a certain quantity of fish, for the purpose of shipping the same in the schooner Flos,…
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Error from the New-York common pleas. Rossiter sued Candler and Hart, and declared against them for that whereas the defendants, on, &c. at, &c. were indebted to the plaintiff in the sum of $500, being so much money paid, laid out and expended by the plaintiff for the use of the defendants : for that whereas the plaintiff by means of one E. C., his agent, did purchase from the defendants a certain quantity of fish, for the purpose of shipping the same in the schooner Flos, to the port of Vera Cruz, in South America, there to be disposed of for the benefit and advantage of the plaintiff;…
1Opinion of the Court
By the Court,
Sutherland, J.
This is a writ of error to the court of common pleas of the city and county of New-York. It is in the nature of a motion in arrest of judgment, *490as the errors relied upon are the substantial defects of the declaration, which contains two counts, both of which it is contended are bad in substance. They are both exceedingly informal, and the first, I am inclined to think, is too imperfect to be sustained, even after verdict. It sets forth no promise, agreement or contract whatever, on the part of the defendants, and contains no express averment of any kind. It states…
2Cases cited1 opinion
- Avery v. Inhabitants of TyringhamMassachusetts Supreme Judicial Court · 1807
3Cited by6 opinions
- Goble v. DillonIndiana Supreme Court · 1882
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- Wheeling Mold & Foundry Co. v. Wheeling Steel & Iron Co.West Virginia Supreme Court · 1907
- Pennsylvania, Delaware, & Maryland Steam Navigation Co. v. DandridgeCourt of Appeals of Maryland · 1836
- Yee Chin v. AtoyHawaii Supreme Court · 1904
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