Fuller v. Read
The Superior Court of New York City
Before Bosworth, Slosson, Woodruff and Pierrepont, Justices. On the 28th of October, 1857, Fuller brought an action against Read, to recover $4,863, treble the damages alleged to have been sustained by reason of Bead’s using measures not .conforming to the legal standard, in measuring ale or beer, sold and delivered by Bead to the plaintiff, between the 1st of May, 1856, and the 28th of October, 1857. His complaint states, that by means of false measures, he was defrauded of…
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Before Bosworth, Slosson, Woodruff and Pierrepont, Justices. On the 28th of October, 1857, Fuller brought an action against Read, to recover $4,863, treble the damages alleged to have been sustained by reason of Bead’s using measures not .conforming to the legal standard, in measuring ale or beer, sold and delivered by Bead to the plaintiff, between the 1st of May, 1856, and the 28th of October, 1857. His complaint states, that by means of false measures, he was defrauded of 12,780 gallons of ale or beer, and sustained actual damages to the amount of $1,621, and claimed judgment for three…
1Opinion of the Court
By the court—Bosworth, Justice.
Fuller has not set up, in his answer, any defence to the action on the note made by him, except the cause of action to recover treble the actual damages to which he has been subjected by the use by Bead of false measures, in measuring the ale sold and delivered. If the answer in the suit on the note is stricken out, Bead will take judgment at once for the amount of the note and may collect it, although Fuller may have a claim against him of more than four times the amount of the note. The order appealed from, declares that unless Fuller makes.an elec*238tion as the…
2Cases cited1 opinion
- Lightbody v. PotterNew York Supreme Court · 1833
3Cited by7 opinions
- Ogden v. Pioneer Iron WorksAppellate Division of the Supreme Court of the State of New York · 1904
- Collyer v. CollinsNew York Supreme Court · 1864
- Lindsay v. StewartCalifornia Supreme Court · 1887
- Tuckerman v. CorbinCity of New York Municipal Court · 1884
- Copley Iron Co. v. PopeNew York Court of Common Pleas · 1885
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