Hyde v. Paige
New York Supreme Court
Appeal from the Washington county court. Paige sued the Hydes before a justice, in assumpsit for grain, goods, &c. sold. The defendants pleaded the general issue.
Read the full summary
Appeal from the Washington county court. Paige sued the Hydes before a justice, in assumpsit for grain, goods, &c. sold. The defendants pleaded the general issue. The suit was commenced in February, 1847. A judgment was rendered in favor of the plaintiff, which was removed to the county court of Washington county, and that court reversed the judgment of the justice on the ground that the plaintiff had taken the note of one Moulton, the defendants’ agent, in payment for the goods, and relied upon that alone. All the facts necessary to understand the case'will appear in the opinion of the court.
1Opinion of the Court
By the Court, Hand, J.
I think the only point in the case is, whether Paige, the plaintiff below, can call upon the defendants below, after taking Moulton’s note for the price of the goods sold. Moulton testified that he bought the hay of the plaintiff *151for the defendants, in 1839 or 1840, and gave his own note for the amount, which he had never paid, and that he was insolvent. The plaintiff wanted Moulton’s note, who declined at first to give it, saying the hay was for Hyde, for whom he was purchasing it. But the plaintiff insisted upon Moulton’s own note, which he finally gave. The note was…
2Cases cited2 opinions
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Beebee v. RobertNew York Supreme Court · 1834
3Cited by4 opinions
- Henry Ames Packing & Provision Co. v. TuckerMissouri Court of Appeals · 1879
- Snelling v. HowardThe Superior Court of New York City · 1868
- McMonnies v. MackayNew York Supreme Court · 1863
- United States v. John Peter McGoffCourt of Appeals for the D.C. Circuit · 1987