Lanuse v. Barker
New York Supreme Court
THIS was an action of assumpsit brought to recover the ° , , . amount of 500 bales of cotton, alleged to be shipped by tne plain-from New-Orleans, on account of John Taber 8? Son, of ^ the state of Massachusetts, upon the promise of the defendant to pay for the same with the incidental disbursements and expenses. The declaration was for goods sold and delivered, ^ usual money counts.
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THIS was an action of assumpsit brought to recover the ° , , . amount of 500 bales of cotton, alleged to be shipped by tne plain-from New-Orleans, on account of John Taber 8? Son, of ^ the state of Massachusetts, upon the promise of the defendant to pay for the same with the incidental disbursements and expenses. The declaration was for goods sold and delivered, ^ usual money counts. Plea, non assumpsit, with an that either party might give the special matter in evidence, under the general issue. The cause was tried at the New-York sittings, on the 8th December, 1811, before Mr. Justice Van…
1Per curiam
The bill of exceptions was tendered in seagofi, as to any exception to the charge of the judge, but it was not ten- ' dered in season as to any question of evidence arising upon the trial; for the party, if the exception had been made at the time, •might have waived or supplied the evidence. (Wright v. Sharp, 1 Salk. 288. Jones v. Ins. Co. of N. Am. 4 Dallas, 249.)
The bill of exceptions was amended according to this opinion of the court.
*327Again, the plaintiff considered the order contained in the de» fendant’s letter of the 9th January as completely abrogated. From the 13th February to the 24th…
2Cited by3 opinions
- Huffman v. GriffinMississippi Supreme Court · 1976
- Colley v. MerrillSupreme Judicial Court of Maine · 1829
- Case of HustedNew York Supreme Court · 1799