Yale v. Coddington
New York Supreme Court
Error from the superior court of the -city of New York. The action below was brought by Coddington aginst Yale and Henshaw. In addition to the general indebitatus counts in assumpsit, the declaration contained several counts on a special contract, by which the plaintiff sold certain goods to the defendants, to be paid for on delivery by their note at four months.
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Error from the superior court of the -city of New York. The action below was brought by Coddington aginst Yale and Henshaw. In addition to the general indebitatus counts in assumpsit, the declaration contained several counts on a special contract, by which the plaintiff sold certain goods to the defendants, to be paid for on delivery by their note at four months. Breach, that although the goods were delivered, the defendants refused to give their note in pursuance of the promise. The defendants pleaded in abatement that another action was depending for the same cause in the superior court.…
1Opinion of the Court
*176 By the Court,
Bronson, J.
The special as well as the general counts 'are in assumpsit, and there is ho foundation for the objection that there has been a misjoinder of counts. This is also an answer to the objection that actions for torts cannot be referred.
-The plaintiff below -has counted on the special agreement, alleging for breach that the defendants refused to give their note in pursuance of the promise. This shows a good cause of action, although the credit of four months had not expired at the time the suit was commenced. Where goods are to be paid for in a note or bill, the vendor…
2Cases cited4 opinions
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Reed v. DrakeNew York Supreme Court · 1831
- Pike v. GandallNew York Supreme Court · 1832
- Waldron v. GreenNew York Supreme Court · 1830
3Cited by5 opinions
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- Stoddard v. MixSupreme Court of Connecticut · 1840
- Wheeler v. HarrahOregon Supreme Court · 1886
- Dodge v. WatermanSupreme Court of New Hampshire · 1858
- Lewis v. Schooner ClevelandOhio Supreme Court · 1843