S. F. Johnson v. Plowman
New York Supreme Court
APPEAL from an order made at a special term, denying a new trial, and from a judgment entered upon the verdict of a jury, upon exceptions taken at the trial.
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APPEAL from an order made at a special term, denying a new trial, and from a judgment entered upon the verdict of a jury, upon exceptions taken at the trial. The complaint alleged that between the 17th of July, 1865, and the 24th of August, 1865, the plaintiffs sold and delivered to the defendant, at her request, merchandise, for which she promised to pay the sum of two hundred and thirty-five dollars and eighty-one cents, and that there remains due, and unpaid, the sum of $186.31, with interest. For which sum, with costs, judgment was demanded. The defendant, in her answer, admitted that she…
1Opinion of the Court
By the Court, Welles, J.
I think the justice erred in the construction which he gave to the language of the answer, “ that it meant that she was to make payments, from time to time, as she conveniently could.” The answer states that it was “ distinctly agreed that she was to make payments, from time to time, as she could, out of her business, and from the proceeds of the sales of said goods.”
I can see nothing in the answer to warrant the construction given to it. The language is perfectly plain, that she was to pay as soon as she could. There is no room for construction. The word “…
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