Porter v. Talcott
New York Supreme Court
Assumpsit, to recover $6500, being the difference on ex- , _ T .• change of vessels, tried before his honour, thelf.te Mr. Justice Platt, at the New- iork sittings, on the 2d of May, 1821. The declaration was, that the defendants, at the several times thereinafter mentioned, being traders and joint dealers, under the name, firm and style of Talcott &■ Bozo ers, at New Or-j ' leans, in the state of Louisiana, to wit, at the city of .New- York, and in the county of New-York;…
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Assumpsit, to recover $6500, being the difference on ex- , _ T .• change of vessels, tried before his honour, thelf.te Mr. Justice Platt, at the New- iork sittings, on the 2d of May, 1821. The declaration was, that the defendants, at the several times thereinafter mentioned, being traders and joint dealers, under the name, firm and style of Talcott &■ Bozo ers, at New Or-j ' leans, in the state of Louisiana, to wit, at the city of .New- York, and in the county of New-York; and the plaintiffs, at the said several times, being traders and joint dealers, under the name, firm and style of William…
1Opinion of the CourtWo on woe th, J.
This was an action of assumpsit, to recover the sum of $6500, being the difference on exchange X)f vessels.
The plaintiffs declare, first, on a special agreement-whereby they exchange the brig Emma for the ship Vigilanti averring that the defendants promised to pay the plaintiffs $6500 to boot. The declaration, also, contains counts for goods sold, and the money counts.
It is contended, on behalf of the defendants, first, that the action for goods sold and delivered does not lie, the con-' tract being a special one ; and secondly, that the contract proved, varies from that laid in .the special…
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