McArthur v. Wilder
New York Supreme Court
Error to the Onondaga common pleas. In July, 1846, Wilder brought an action of trespass on the case, against McAr-thur, before a justice of the peace, to recover the value of three barrels of white fish delivered to him in November, 1842, and for which McArthur had given his receipt, agreeing to pay for the same, when sold, at six dollars per barrel.
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Error to the Onondaga common pleas. In July, 1846, Wilder brought an action of trespass on the case, against McAr-thur, before a justice of the peace, to recover the value of three barrels of white fish delivered to him in November, 1842, and for which McArthur had given his receipt, agreeing to pay for the same, when sold, at six dollars per barrel. The defendant pleaded the general issue, and gave notice that the fish were unwholesome, and not fit for domestic use, and therefore of no value. The plaintiff introduced no evidence to prove a sale of the fish by the defendant; nor did the…
1Opinion of the Court
By the Court,
Gridley, J.
The defendant in error recovered a judgment against the plaintiff in error, before a justice in Onondaga county, upon proof of the following receipt, accompanied with evidence of the delivery of the property mentioned in it,
“ Rec’d of James Wilder 3 barrels of white fish to be paid for when sold at six dollars per barrel.
Dated Auburn, Nov, 11, 1842.
(Signed) James McArthur.”
A witness proved that he was present at a store in Auburn when he saw the identical receipt delivered by the defendant to the plaintiff — identifying both the receipt and the defendant; not with…
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