Whitbeck v. Van Ness
New York Supreme Court
THIS was an action of assumpsit. Beside the general counts for goods sold, &c., and the common money counts, the declaralion contained a count for the sale of a horse by the plaintiff to the defendant, for a note made by Daniel S. Deane, for 90 dollars, dated August 2d, 1808, payable six months after date, with interest, which note the defendant represented to the plaintiff as good, and the maker as responsible, when he, the defendant, knew that Deane was not, and that, in…
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THIS was an action of assumpsit. Beside the general counts for goods sold, &c., and the common money counts, the declaralion contained a count for the sale of a horse by the plaintiff to the defendant, for a note made by Daniel S. Deane, for 90 dollars, dated August 2d, 1808, payable six months after date, with interest, which note the defendant represented to the plaintiff as good, and the maker as responsible, when he, the defendant, knew that Deane was not, and that, in consideration of the premises, the defendant assumed and promised to pay for tin the amount of the note. There was, also,…
1Opinion of the CourtSpencer, J.
The single point for our determination in this case is, whether the note of a third person, agreed to be taken in payment for goods sold at. the same time, is taken at the risk of the vendor of the goods, or of the vendee. I put out of consideration the allegation of fraud, for it was not proved; and I also lay aside the plaintiff’s allegations, that the defendant had promised to • endorse the note, a,s there was no proof of that fact.
*412The plaintiff relies on the decision of this court, in Johnson v. Weed and another. (9 Johns. Rep. 310.) I am compelled to say, that although I assented to that…
2Cases cited1 opinion
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
3Cited by33 opinions
- Hall v. . StevensNew York Court of Appeals · 1889
- Smith v. . RyanNew York Court of Appeals · 1876
- Dibble v. . RichardsonNew York Court of Appeals · 1902
- Porter v. TalcottNew York Supreme Court · 1823
- Conro v. Port Henry Iron Co.New York Supreme Court · 1851
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