Rapelye v. Mackie
New York Supreme Court
Assumpsit for goods sold and delivered, and goods 0 1 ~ bargained and sold, tried at an adjourned circuit in the c*ty and county of New-York, January 30th, 1824, be-^ore ®DWARDS) U. Judge ; when the jury found a verdict for the plaintiffs, for 471 dollars 90 cents, being the price, with interesL of 66 bales of cotton, (after deducting $ 1800 paid by the defendants,) which the plaintiffs claimed on the trial to have sold and delivered to the defendants.
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Assumpsit for goods sold and delivered, and goods 0 1 ~ bargained and sold, tried at an adjourned circuit in the c*ty and county of New-York, January 30th, 1824, be-^ore ®DWARDS) U. Judge ; when the jury found a verdict for the plaintiffs, for 471 dollars 90 cents, being the price, with interesL of 66 bales of cotton, (after deducting $ 1800 paid by the defendants,) which the plaintiffs claimed on the trial to have sold and delivered to the defendants. Th® facts proved at the trial are sufficiently stated in the opinion of the court, moved for a new trial. He made the following points, and…
1Opinion of the Court
Curia, per
Woodworth, J.
On the 21 si of August, 1822, the plaintiffs sold to the defendants 66 bales of cotton, marked G. G. & Co. As evidence of the salet the bill of parcels delivered to the defendants was produced, on which the charge is made thus : “ 66 bales, say 19,800 lbs. $12 per hundred, $2376, 1 per cent, off.” The defendants paid, at the time, $1800.
The plaintiffs’ cotton was in three stores at Brooklyn; one kept by Van Bokkelsn, another by Caze & Richaud, and the third by Merry & Waite. There were 69 bales, of the mark sold, in the store of Van Bokkelen, and 30 bales in the store…
2Cases cited1 opinion
- M'Donald v. HewettNew York Supreme Court · 1818
3Cited by13 opinions
- Edgell v. . HartNew York Court of Appeals · 1853
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Joyce v. . AdamsNew York Court of Appeals · 1853
- Martin v. HurlbutSupreme Court of Minnesota · 1864
- Horr v. BarkerCalifornia Supreme Court · 1858
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