Davis v. Shields
New York Supreme Court
ERROR from the Supreme Court. Shields brought an i action of assumpsit in the superior court of the city of New-York, for the non-delivery of a quantity of iron purchased by him of Davis and others. The purchase was made on 31st January, 1836, of a broker of the defendants, of fifty tons of English iron at $70, per ton, at a credit of six months, the iron to be in good order, and the plaintiff not to be bound to take it unless it arrived in reasonable time.
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ERROR from the Supreme Court. Shields brought an i action of assumpsit in the superior court of the city of New-York, for the non-delivery of a quantity of iron purchased by him of Davis and others. The purchase was made on 31st January, 1836, of a broker of the defendants, of fifty tons of English iron at $70, per ton, at a credit of six months, the iron to be in good order, and the plaintiff not to be bound to take it unless it arrived in reasonable time. The iron was shipped in England on board the brig Anna, and the invoice and bill of lading dated 30th October, 1835, were received by the…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
This case involves a construction of the statute of frauds, or that section of the act which requires certain agreements for the sale of goods, or things in action, to be in writing and to be subscribed by the person to be charged thereby. 2 R. S. 135, § 53. W. C. Green as the broker of Davis & Brooks, was authorized by them to make sale of one hundred tons of English bar iron which they were to receive by the brig Anna; but which had not yet arrived. Pursuant to that authority, he contracted to sell, and Shields agreed…
2Cited by46 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Justice v. . LangNew York Court of Appeals · 1870
- Worrall v. . MunnNew York Court of Appeals · 1851
- Newton v. . BronsonNew York Court of Appeals · 1856
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