Marsh v. Wickham & Wickham
New York Supreme Court
THIS was an action of assumpsit, tried before Mr. Justice Yates, at the Ontario circuit, in 1816. The plaintiff declared on the following receipt:&emdash;16 Troupville, 13th January, 1813, from Mr. Samuel T. Marsh, the following leather, viz. sixteen sides upper leather,’’ (the num bers and prices of which are set forth,) “ twenty-four sides soal leather, three hundred forty-eight pounds and one half, which we agree to pay for at the following rate : one shilling to be made…
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THIS was an action of assumpsit, tried before Mr. Justice Yates, at the Ontario circuit, in 1816. The plaintiff declared on the following receipt:&emdash;16 Troupville, 13th January, 1813, from Mr. Samuel T. Marsh, the following leather, viz. sixteen sides upper leather,’’ (the num bers and prices of which are set forth,) “ twenty-four sides soal leather, three hundred forty-eight pounds and one half, which we agree to pay for at the following rate : one shilling to be made on each side of upper leather from the price above, and two shillings per pound for the soal leather with the privilege…
1Per curiam
The point in this case is, whether the’leather in question was delivered to the defendants to sell for the plaintiff upon commissions, or whether it was an absolute purchase; and this must be collected from the receipt which was given at the time when the leather was received. This receipt is somewhat obscurely drawn; but the several stipulations and provisions in it are much more reconcilable with the construction, that the leather wás purchased, than that it was received by the defendants to sell on commission. The rate at which the defendants were to pay, or the deduction which was to be…
2Cited by5 opinions
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