Fenly v. Stewart
The Superior Court of New York City
This was an action of assumpsit, commenced in the Supreme Court and transferred to this court; the object of which was to charge the defendants as principals upon a contract to deliver oats, made with the plaintiffs by A. W. Otis & Co., in these words: “ For a valuable consideration to us in hand paid, we have sold A. M. Fenly two thousand five hundred bushels of canal oats, at forty-five cents per bushel of thirty-two quarts, to be delivered in this city at any time at our…
Read the full summary
This was an action of assumpsit, commenced in the Supreme Court and transferred to this court; the object of which was to charge the defendants as principals upon a contract to deliver oats, made with the plaintiffs by A. W. Otis & Co., in these words: “ For a valuable consideration to us in hand paid, we have sold A. M. Fenly two thousand five hundred bushels of canal oats, at forty-five cents per bushel of thirty-two quarts, to be delivered in this city at any time at our option between the first and fifteenth of June next, to be cash on delivery. A. W. Otis & Co. “New York, April 23,…
1Opinion of the Court
By the Court.
Mason, J.
When this cause was before us, on a motion to set aside the report of the referee, we held that the Messrs. Otis were incompetent witnesses for the plaintiff, on the ground of interest; that they were themselves liable upon the contract for breach of which the action was brought, having-executed the contract in’ their own names ; and that the necessary effect of their testimony would be to charge the defendants and thereby discharge themselves. We therefore set aside *105the report, and ordered a new trial, without passing upon the other questions presented in the case, and…
2Cases cited7 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Pentz v. StantonNew York Supreme Court · 1833
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Davis v. ShieldsNew York Supreme Court · 1841
- Mills v. HuntNew York Supreme Court · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crutchfield v. DonathonTexas Supreme Court · 1878
- Marqueze v. CaldwellMississippi Supreme Court · 1873
- Schenck v. Spring Lake Beach Improvement Co.New Jersey Court of Chancery · 1890
- King v. BattersonSupreme Court of Rhode Island · 1880
- Mason v. BreslinThe Superior Court of New York City · 1870
9 more not listed; retrieve them via the Exa API.