D'Wolf v. Rabaud
Supreme Court of the United States
ERROR to the Circuit Court of Npw-York, for the Southern District. . The defendants in error, brought an action of assumpsit./ in the Circuit Court of the United. States, for the’ Southern District of New-Yort, against the plaintiff in error,-to recover damages, for .the breach .of .his contract, to ship to them, at Marseilles, five hundred boxes of-white Havana sugar.
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ERROR to the Circuit Court of Npw-York, for the Southern District. . The defendants in error, brought an action of assumpsit./ in the Circuit Court of the United. States, for the’ Southern District of New-Yort, against the plaintiff in error,-to recover damages, for .the breach .of .his contract, to ship to them, at Marseilles, five hundred boxes of-white Havana sugar. The declaration contains several special counts;.of which the first and second, on.ly. were relied upon at the .trial. The first count stated,,that atthé time of making the respective'promises and undertakings of-the defendants…
1Opinion of the Court
Mr. Justice-STOB.vj
delivered the-opinion of. the Court.— .
Messrs. Rabaud, Brothers 8c Co., of Marseilles, brought .a? suit in-the Circuit' Court 6f the southern district of New-York, against James D’Woif 'jun. (the plaintiff in error,)-to recover damages, for not shipping them 500 boxes of sugar on account, -of one George D’W.olf, according .to an. agreement entered into” by him with them. The declaration contained four counts;, and in eachof-themthe-'substance of-the contract stated, is that .the defendant, in consideration that one ¡Belknap (one of. the part-’ ners-hiíthe house of Rabaud,…
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