Eldridge v. . Mather
New York Court of Appeals
Eldridge brought assumpsit in the supreme court, against Mather, upon a promissory note of five hundred dollars. Plea, the general issue. On the trial, before Gridley, circuit judge, in March, 1846, the defendant proved that the note was given for part of the consideration on the sale to him by the plaintiff of two patents for different machines.
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Eldridge brought assumpsit in the supreme court, against Mather, upon a promissory note of five hundred dollars. Plea, the general issue. On the trial, before Gridley, circuit judge, in March, 1846, the defendant proved that the note was given for part of the consideration on the sale to him by the plaintiff of two patents for different machines. The sale of both patents was made at the same time, and for a price agreed on as the value of both, there being no separate valuation in the contract. The defendant then gave evidence tending to show that one of the patents was void on the ground…
1Opinion of the CourtShankland, J.
We are of opinion that, in this state, the rule is fully settled, and should be adhered to, that where the defendant is sued upon a contract, and desires to set up in defence a partial want, or failure, of consideration, in mitigation of damages, he must give notice thereof. This principle was expressly adopted as early as 1814, by the supreme court of this state in the case of Runyan v. Nichols, (11 John. 609,) and was again impliedly sanctioned in 1816, in the case of Beecker & Beecker v. Vrooman, (13 id. 302.) The practice of giving notice in such cases was followed in Spalding v.…
2Cases cited1 opinion
- Spalding v. VandercookNew York Supreme Court · 1829
3Cited by6 opinions
- Ryan v. SullivanAppellate Division of the Supreme Court of the State of New York · 1911
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Rogers v. Polytechnic Institute of BrooklynAppellate Division of the Supreme Court of the State of New York · 1903
- Mechanics & Metals National Bank v. TerminiAppellate Terms of the Supreme Court of New York · 1915
- Rittenhouse v. CrevelingNew York Supreme Court · 1891
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