Matson v. Blossom
New York Supreme Court
Appeal from circuit court, Orleans county. The action was brought against the appellant, Justin Blossom; as maker, and Luther Collamer, as indorser, of a promissory note of date October 26, 1886, for $510, payable to J. M. Orcutt or bearer, in 13 months from its date, with interest.
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Appeal from circuit court, Orleans county. The action was brought against the appellant, Justin Blossom; as maker, and Luther Collamer, as indorser, of a promissory note of date October 26, 1886, for $510, payable to J. M. Orcutt or bearer, in 13 months from its date, with interest. The consideration of the note was a sale to the maker of 34 bushels of Bohemian oats, at the price of $15 per bushel, and the delivery to him of a written instrument, of which the following is a copy: “Ho. Capital Stock, $100,000. “Home Office, Ypsilanti, Mich. “A Bond from the Bohemiam Oat and Cereal Company.…
1Opinion of the Court
Bradley, J.,
(after stating the facts.) The note and bond having been made at the same time, and pursuant to the same agreement, they must, as between the parties to them, be construed together, and treated as parts of the contract, to the effect (in view of the extrinsic attending facts) that the defendant agreed to and did purchase of the Bohemian Oat & Cereal Company 34 bushels of Bohemian oats, at $15 per bushel, making $510, secured by his note, payable in 13 months; and the company agreed and by its bond undertook to sell for him within 1 year, 68 bushels of like oats, at $15 per bushel,…
2Cases cited7 opinions
- Parker v. . ConnerNew York Court of Appeals · 1883
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Welch v. . SageNew York Court of Appeals · 1872
- Seybel v. . National Currency BankNew York Court of Appeals · 1873
- Story v. . SalomonNew York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hanks v. BrownSupreme Court of Iowa · 1890
- Treadwell v. LincolnNew York Supreme Court · 1889