Anderson v. The President, Directors, & Co. of the Highland Turnpike
New York Supreme Court
THIS was an action of assumpsit for work and labour, and materials provided by the plaintiff. The cause was referred by a rule of court; and the referees, on the 21st of November, 1817, reported a balance of 13 dollars and 12 cents, due from the defendants to the plaintiff.
Read the full summary
THIS was an action of assumpsit for work and labour, and materials provided by the plaintiff. The cause was referred by a rule of court; and the referees, on the 21st of November, 1817, reported a balance of 13 dollars and 12 cents, due from the defendants to the plaintiff. The moved to set aside the report upon the merits, The affidavit of the plaintiff, on which the motion was r 7 founded, stated, that on the hearing before the referees, he proved his account, amounting to 1,123 dollars, and 62 cents, consisting in part, of a balance due him for building a bridge, and the residue for…
1Opinion of the CourtSpencer, J.
The plaintiff moves to set aside the report of the referees, on the ground, that they have decided that the plaintiff had been paid, (except about 13 dollars,) the amount of his account, by the transfer to him, by the defendants, of forty-five shares of stock in the Highland Turnpike Company. It is contended, that the referees erred, in considering the shares a payment: 1. Because, though there was proof of an agreement by the plaintiff to accept stock as payment of Jhis account, yet the agreement was never executed by a tender of the stock by the defendants, or the acceptance thereof by the…
2Cited by8 opinions
- Tilton v. AlcottNew York Supreme Court · 1853
- Hallet v. O'BrienSupreme Court of Alabama · 1842
- Latham v. KennistonSuperior Court of New Hampshire · 1842
- Elkan v. HitchcockSuperior Court of Buffalo · 1895
- Brenner v. HerrSupreme Court of Pennsylvania · 1848
3 more not listed; retrieve them via the Exa API.