Hancock v. Palmer
New York Supreme Court
These were two similar actions, by William Hancock and John Foley against Thomas Palmer; the first, brought upon five bills of exchange drawn by the plaintiffs upon the defendant, and accepted by him; and the other, upon two promissory notes of the defendant, drawn to the order of the plaintiffs, amounting in the whole to $16,856.55. The defendant answered by way of counter-claim only, and alleged that the defendant was building a railroad, and contracted with the plaintiffs…
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These were two similar actions, by William Hancock and John Foley against Thomas Palmer; the first, brought upon five bills of exchange drawn by the plaintiffs upon the defendant, and accepted by him; and the other, upon two promissory notes of the defendant, drawn to the order of the plaintiffs, amounting in the whole to $16,856.55. The defendant answered by way of counter-claim only, and alleged that the defendant was building a railroad, and contracted with the plaintiffs to deliver him the iron rails at Brooklyn, at certain specified times and at a specified place, as appeared by the…
1Opinion of the CourtPeckham, J.
—The action was upon certain acceptances of the defendant. The defendant set up that the acceptances were given on account of certain railroad iron which the plaintiffs had agreed to deliver “ on the wharf in Brooklyn” at certain times, pursuant to a contract to that effect. That by the contract, a copy whereof is set forth in the answer, the plaintiffs were to deliver said iron, “ the first hundred tons in ten days from that date, and the balance in one hundred ton lots, at intervals of ten days.” The answer avers that the plaintiffs never, in any instance, delivered any of said iron at…
2Cases cited1 opinion
- Lounsbury v. DepewNew York Supreme Court · 1858