Aldrich v. Peckham
Supreme Court of New Jersey
On error to the Circuit Court. On December 30th, 1901, an agreement in writing was executed between C. Austin Dali and Mrs. A. Louise Peck-ham by which Dali agreed to sell to Mrs. Peckham a lot of land in the town of Montclair, and “to erect thereon a dwelling-house according to plans to be agreed upon by Mrs. Peckham, the cost of which, including architect’s fees, should not be less than the sum of $5,500 nor more than $6,000, said house to be completed on the 1st day of…
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On error to the Circuit Court. On December 30th, 1901, an agreement in writing was executed between C. Austin Dali and Mrs. A. Louise Peck-ham by which Dali agreed to sell to Mrs. Peckham a lot of land in the town of Montclair, and “to erect thereon a dwelling-house according to plans to be agreed upon by Mrs. Peckham, the cost of which, including architect’s fees, should not be less than the sum of $5,500 nor more than $6,000, said house to be completed on the 1st day of May, 1902, or as soon thereafter as possible.” For the property as thus improved Mrs. Peckham agreed to pay a sum equal to…
1Opinion of the Court
The opinion of the court was delivered by
Garrison J.
The first request was a proper instruction, and one that, in view of the admission in evidence of the agreement between the maker and the payee of the note, was essential to the correct determination of the plaintiff’s rights either as endorser of the note or as its holder before maturity. *715The refusal of the trial court to charge this request was injurious, and hence reversible error, unless the legal effect of the request was substantially and correctly covered by what the court said in its charge to the jury. 11 Encycl. Pl. & Pr. 214.
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2Cases cited2 opinions
- Alexander v. BrogleySupreme Court of New Jersey · 1899
- Second National Bank v. HewittSupreme Court of New Jersey · 1896
3Cited by6 opinions
- B. J. Van Ingen & Co. v. ConnollyCourt of Appeals for the Third Circuit · 1955
- NJ Mtge. and Inv. Corp. v. CalvettiNew Jersey Superior Court Appellate Division · 1961
- Coleman v. WilsonSupreme Court of New Jersey · 1913
- State v. DeGeralmoSupreme Court of New Jersey · 1912
- Mellon v. Victor Talking Machine Co.Supreme Court of New Jersey · 1909
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