Bradley v. Root
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the third circuit. The complainant stated in his bill that Sylvester Stewart, one of the defendants, in the fall of 1820, obtained from the postmaster general three separate and distinct contracts for carrying the mail on different routes, for four years from the 1st of January, 1831; the last of which contracts, under which the complainant claimed the right to relief in this suit, was for carrying the mail from…
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This was an appeal from a decree of the vice chancellor of the third circuit. The complainant stated in his bill that Sylvester Stewart, one of the defendants, in the fall of 1820, obtained from the postmaster general three separate and distinct contracts for carrying the mail on different routes, for four years from the 1st of January, 1831; the last of which contracts, under which the complainant claimed the right to relief in this suit, was for carrying the mail from Stamford, or the head of the Delaware, by Harpersfield, Kórtright, &c. to Oxford and back, once a week, at the rate of $75…
1Opinion of the Court
The Chancellor.
Before I proceed to examine the merits of this case, it is proper that I should notice one or two formal objections to the complainant’s right to recover in this suit, which were made on the hearing. If the complainant had a perfect remedy at law to recover the money due to him on the contract, and which was received by the defendant Root, it is too late to make that objection at this time, as it was not insisted on in the defendants’ answer; and it has frequently been decided by this court that it is too late to make-such an objection for the first time at the hearing.
It is…
2Cited by20 opinions
- Trist v. ChildSupreme Court of the United States · 1875
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- National Exchange Bank v. McLoonSupreme Judicial Court of Maine · 1882
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