Legal Opinion

James v. . Patten

New York Court of Appeals

Decided December 5, 1851PublishedCited by 38 opinions

Appeal from the general term of the Supreme Court, in the third district, where a judgment entered for the plaintiff, in a case tried by the court, without a jury, had been affirmed, and a motion for a new trial denied.

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Appeal from the general term of the Supreme Court, in the third district, where a judgment entered for the plaintiff, in a case tried by the court, without a jury, had been affirmed, and a motion for a new trial denied. (Reported below, on a former trial, 8 Barb. 334.) This was an action of assumpsit to recover damages for the non-delivery of a quantity of corn, sold by M. & S. Patten, the defendants, to the plaintiff, for the Irish relief committee, on the 12th March 1847, for which a bill of sale, admitted to be in the handwriting of S. Patten, one of the defendants, was given, in the…

1Opinion of the Court

The principal question to be decided in this case is, whether the memorandum of the contract entered into between the parties was a valid note or memorandum of such contract within the statute of frauds. The objection made to it is, that it was not subscribed by the defendants, the parties to be charged thereby. The section of the chapter of frauds contained in the revised statutes relative to contracts for the sale of goods and chattels, declares, that every contract for the sale of goods, c. for the price of $50 or more, shall be void; unless, 1. a note or memorandum of such contract be…

2Cases cited2 opinions

  1. Coles v. BowneNew York Court of Chancery · 1844
  2. Champlin v. ParishNew York Court of Chancery · 1845

3Cited by38 opinions

  1. Mesibov, Glinert & Levy v. Cohen Bros. Manufacturing Co.New York Court of Appeals · 1927
  2. Ballou v. SherwoodNebraska Supreme Court · 1891
  3. San Antonio & Aransas Pass Railway Co. v. Southwestern Telegraph & Telephone Co.Texas Supreme Court · 1900
  4. 300 West End Avenue Corp. v. WarnerNew York Court of Appeals · 1929
  5. Coe v. . ToughNew York Court of Appeals · 1889

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