Cassard v. Hinman
The Superior Court of New York City
This action comes before the Court, at General Term, on an appeal by the plaintiff from an order made by Mr. Justice Hoffmann, in November, 1856, at Special Term, overruling a demurrer to a separate defence in the answer. The complaint set forth two contracts in writing, signed by the defendant, by each of which he agreed to sell and deliver to the plaintiff 500 barrels of new mess pork, in all the month of September, 1856, at the price of $17 per barrel.
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This action comes before the Court, at General Term, on an appeal by the plaintiff from an order made by Mr. Justice Hoffmann, in November, 1856, at Special Term, overruling a demurrer to a separate defence in the answer. The complaint set forth two contracts in writing, signed by the defendant, by each of which he agreed to sell and deliver to the plaintiff 500 barrels of new mess pork, in all the month of September, 1856, at the price of $17 per barrel. It alleged a breach of these contracts, and that the plaintiff had sustained damages to the amount of $3,000, for which sum, with interest…
1Opinion of the CourtBy the Court. Slosson, J.
The contract was, in itself, a good executory contract for the sale and delivery, by the defendant, of the article in question.
A party may, lawfully, contract to deliver at a future day goods of which he has not at the time, possession, (Stanton v. Small, 3 Sandf. R. 230.)
The question, in the present case, arises under the averments in the answer, “that it was not the intention of the defendant to make any actual sale or delivery of pork to the plaintiff, nor was it the intention of the plaintiff, actually, to buy or receive any pork from the defendant; that it was the mutual design of both…
2Cited by11 opinions
- Gregory v. WendellMichigan Supreme Court · 1879
- Osborn v. . RobbinsNew York Court of Appeals · 1867
- In re GreenDistrict Court, W.D. Wisconsin · 1877
- Misner v. KnappOregon Supreme Court · 1885
- Ex parte YoungDistrict Court, N.D. Illinois · 1874
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