Robinson v. Batchelder
Superior Court of New Hampshire
Assumpsit upon a contract in the following words : “ May 28, 1816. For value received 1 the subscriber promise to deliver to W. R, two likely middle aged cows with calf, or calves by their sides to be delivered at the place of my present abode to said R. or his order in five years from the above date, as witness my hand.”
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Assumpsit upon a contract in the following words : “ May 28, 1816. For value received 1 the subscriber promise to deliver to W. R, two likely middle aged cows with calf, or calves by their sides to be delivered at the place of my present abode to said R. or his order in five years from the above date, as witness my hand.” J. B. The cause was tried here upon the general issue, at September Term, 1825, when the defendant admitted that he made the contract, but he introduced evidence to prove that in February 1821, the plaintiff agreed to receive and did receive a cow with calf from the…
1Opinion of the CourtRichardson, C. J.
The first question to be decided in this case is whether in assumpsit upon a contract to deliver specific articles at a particular time and place the defendant can by law be permitted to give in evidence upon the general issue as an answer to the action, that he was ready at the time and place with the articles and that the plaintiff refused them, when offered to him ?
It is well settled that a tender of money cannot be given in evidence upon the general issue in assumpsit upon a contract to pay money. The reason of this is very obvious. The tender in such a case is no discharge of the debt…
2Cases cited11 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Thompson v. KetchamNew York Supreme Court · 1811
- Baylies v. FettyplaceMassachusetts Supreme Judicial Court · 1811
- Hasbrouck v. TappenNew York Supreme Court · 1818
- Slingerland v. MorseNew York Supreme Court · 1811
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3Cited by2 opinions
- Brown v. BerrySuperior Court of New Hampshire · 1843
- Cummings v. PutnamSuperior Court of New Hampshire · 1849