Haslack v. Mayers
Supreme Court of New Jersey
Case certified from Mercer Circuit. This action of indebitatus assumpsit was brought by the plaintiff to recover the value of nine shares of stock, assigned and transferred by the plaintiff to the defendant. The declaration contained the common counts only. The plea was the genera! issue.
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Case certified from Mercer Circuit. This action of indebitatus assumpsit was brought by the plaintiff to recover the value of nine shares of stock, assigned and transferred by the plaintiff to the defendant. The declaration contained the common counts only. The plea was the genera! issue. On the 5th March, 1856, the plaintiff covenanted with the defendant that he would buy the defendant’s stock of groceries, and that he would accept the delivery thereof, and would pay therefor, on the 12th of March, 1856, by assigning and transferring to the defendant the aforesaid nine shares of slock, and…
1Opinion of the Court
The opinion of the court was delivered by
Potts, J.
The case in brief- is this: the defendant had! a certain lot of groceries, and the plaintiff certain stocks, land, and notes; and the parties entered into mutual covenants to exchange the one for the other parcels of property. The contract was made and sealed on the 5th of March, 1856, to be performed on the 12th. The stocks were transferred by the plaintiff to the defendant on the day the contract was sealed; but when the 12th of March, the time of performance, arrived, the plaintiff refused to comply with his covenant to convey the land and…
2Cases cited17 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- McKnight v. DunlopNew York Supreme Court · 1848
- M'Millan v. VanderlipNew York Supreme Court · 1815
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3Cited by1 opinion
- Kutzin v. PirnieSupreme Court of New Jersey · 1991