M'Kinstry v. Pearsall
New York Supreme Court
THIS was an action of assumpsit. The declaration contained a count for 50 barrels of beef, sold and delivered ; a count for goods sold generally, and the general money counts. Plea non-assumpsit. The cause was tried at the Columbia circuit, in October, 1807. The plaintiff gave in evidence a paper, signed by the defendant in the words and figures following: “ Received of captain E. Smith, 50 .barrels of provisions, for account of David HP Kinstry. “ Robert Pearsall.
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THIS was an action of assumpsit. The declaration contained a count for 50 barrels of beef, sold and delivered ; a count for goods sold generally, and the general money counts. Plea non-assumpsit. The cause was tried at the Columbia circuit, in October, 1807. The plaintiff gave in evidence a paper, signed by the defendant in the words and figures following: “ Received of captain E. Smith, 50 .barrels of provisions, for account of David HP Kinstry. “ Robert Pearsall. “ 5th December, 1803.” The defendant then proved by his clerk, that in November, 1803, the plaintiff called to settle a debt…
1Opinion of the Court
Spencer, J,
delivered the opinion of the court. If the receipt had been in terms more explicit than it is, it would be open to explanation ; I mean that kind of explanation not directly contradictory to, but consistent with it,* With resPect to papers of this kind, the courts have permitted the party to show mistake, fraud, and imposition, in obtaining them, It is necessary, ip this case to go so far, as the receipt itself is perfectly equivocal ; and from the mere reading of it, no one could say whether the pro- ' visions were received to go on an account held by the defendant against the…
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