Sherman v. Barnard
New York Supreme Court
A PPE AL by the plaintiffs from a judgment entered at a special -il. term of the court. The complaint alleged that about the 3d of May, 1852, the defendant Barnard sold and transferred in writing, to Sherman and Moore, the plaintiffs, for $2000, a certain written contract, and all his rights therein, dated the 29 th of December, 1851, executed by Barnard of the first part, and the canal commissioners and the state and division engineers on the part of the people of the…
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A PPE AL by the plaintiffs from a judgment entered at a special -il. term of the court. The complaint alleged that about the 3d of May, 1852, the defendant Barnard sold and transferred in writing, to Sherman and Moore, the plaintiffs, for $2000, a certain written contract, and all his rights therein, dated the 29 th of December, 1851, executed by Barnard of the first part, and the canal commissioners and the state and division engineers on the part of the people of the state, of the second part, under the provisions of the act entitled “ An act to provide for the completion of the Erie canal…
1Opinion of the Court
By the Court,
T. R. Strong, J.
The consideration of the notes of May 3d, 1852, set forth in the complaint, as is substantially alleged in both the complaint and answer, was the sale and assignment of the canal contract in the complaint mentioned, executed in behalf of the state, in pursuance of the provisions of the act of the legislature of July 10th, 1851, entitled “ An act to provide for the completion of the Brie canal enlargement and the Genesee Valley and Black River canals,” which act the court of appeals has pronounced unconstitutional and void. (Newell v. The People, 3 Selden, 9.…
2Cases cited3 opinions
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- Rodman v. MunsonNew York Supreme Court · 1852
3Cited by8 opinions
- Snyder v. WilleyMichigan Supreme Court · 1876
- Gibson v. PelkieMichigan Supreme Court · 1877
- Eysaman v. NelsonNew York Supreme Court · 1913
- Mayer v. ChildCalifornia Supreme Court · 1873
- Grasselli v. LowdenOhio Superior Court, Cincinnati · 1858
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