Burrall v. Jacot
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit, before Edmonds, circuit judge. The declaration contained only the common money counts; to which the defendants pleaded the general issue. Upon the trial of the cause, the circuit judge directed a nonsuit to be entered; and a motion was now made to set the same aside.
1Opinion of the Court
By the Court.
The plaintiff seeks, upon the common money counts, to recover against the defendants the proceeds of an alleged sale of certain axes, under the following circumstances. D. E. Stone & Co., on the 12th of May, 1837, made and delivered to the plaintiff an instrument in writing in these words:
*167“ New-York, May 12, 1837.
Messrs. Jacot, Smith, Boyce & Jones,
Gent. Please deliver to Charles Burrall, jr. thirty-six dozen Stone & Co. axes.
(Signed,) D. E. Stone &. Co.”
On the face of this was written “ accepted,” and signed “ Jacot, Smith, Boyce & Jones—when called for.”
The firm of D. E. Stone…
2Cited by2 opinions
- Meyers v. SchempIllinois Supreme Court · 1873
- Kinch v. MoadingerAppellate Terms of the Supreme Court of New York · 1899