Hosmer v. True
New York Supreme Court
THIS was an appeal, oy the plaintiff, from a judgment entered at a special term upon the report of a referee, allowing a demurrer to the complaint.
Read the full summary
THIS was an appeal, oy the plaintiff, from a judgment entered at a special term upon the report of a referee, allowing a demurrer to the complaint. The action was brought upon the following instrument : “ Rochester, September 22d, 1851. It being understood that Charles A. Hosmer and Edward T. Hosmer claim to have an unliquidated claim and demand against Hiram True, late of California, and that the said Hiram True has agreed to meet Charles A. Hosmer, one of the said firm of C. A. and E. T., at the American Hotel, in the village of Greneseo, county of Livingston, for the purpose of endeavoring…
1Opinion of the Court
By the Court,
Johnson, J.
Whether a sum agreed to be paid as damages for the violation of an agreement, shall be considered as liquidated damages or only a penalty, depends upon the meaning and intent of the parties as gathered from a full view of the provisions of the contract, the terms used to express such intent, and the peculiar circumstances of the subject matter of the agreement. (Dakin v. Williams, 17 Wend. 447. S. C. 22 Id. 201.) The contract in such cases, as in every other, is to govern, and the true inquiry is, what was the undertaking. Whether it was folly or wisdom for the…
2Cited by8 opinions
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Yetter v. HudsonTexas Supreme Court · 1882
- Staples v. ParkerNew York Supreme Court · 1864
- Taylor v. Times Newspaper Co.Supreme Court of Minnesota · 1901
- Chicago House-Wrecking Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1901
3 more not listed; retrieve them via the Exa API.