Clark & Clark v. Pinney
New York Supreme Court
Oh error to the 0. P. of the county of Onondaga, The action in the court below was assumpsit, brought in May, 1821, by Pinney against Clark and Clark, on the "^following note: “We promise for value received, to John Pinney, one hundred and fifty dollars, in good first quality common salt, at one dollar and fifty cents per barrel, salt to be subiect to duties: said salt to be delivered 0 ... • ,, • -i in»-! at balina, m good boating order, on the fifteeenth of April next The…
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Oh error to the 0. P. of the county of Onondaga, The action in the court below was assumpsit, brought in May, 1821, by Pinney against Clark and Clark, on the "^following note: “We promise for value received, to John Pinney, one hundred and fifty dollars, in good first quality common salt, at one dollar and fifty cents per barrel, salt to be subiect to duties: said salt to be delivered 0 ... • ,, • -i in»-! at balina, m good boating order, on the fifteeenth of April next The 9th of August, 1820. James Clark, —^ .. WILLIAH CLARK. e Plea, the general issue, with notice that the defendants below…
1Opinion of the Court
Curia, per Sutherland, J.
Two questions arise upon the exceptions taken to the decisions and charge of the court:
1. As to the sufficiency of the tender proved; and 2. If the tender was not sufficient, as to the rule of damages.
The court decided that the plaintiff was entitled to recover the highest price which salt sold for at Salina, per barrel, between the time when the note became due, and the day of trial. The plaintiffs in error contend that- the damages are to be limited to the value of the salt at the time when the note fell due, with interest.
As to the tender. The court charged the…
2Cases cited7 opinions
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Shepherd v. HamptonSupreme Court of the United States · 1818
- Freeman v. CluteNew York Supreme Court · 1848
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3Cited by28 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Page v. FowlerCalifornia Supreme Court · 1870
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Kirkham v. RussellSupreme Court of Virginia · 1882
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