Hogan v. Shorb
New York Supreme Court
Error from the New-York G. P. Shorb sued Hogan rf Miln in assumpsit for goods sold and delivered, and on the trial, claimed to recover the price of 50 bags of pimento or allspice. The plaintiff lived in Baltimore, and the defendants in New-York. The sale w'as made by John B. 0. Morris, who also resided in New-York.
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Error from the New-York G. P. Shorb sued Hogan rf Miln in assumpsit for goods sold and delivered, and on the trial, claimed to recover the price of 50 bags of pimento or allspice. The plaintiff lived in Baltimore, and the defendants in New-York. The sale w'as made by John B. 0. Morris, who also resided in New-York. Morris testified that, as the agent of the plaintiff, he sold the goods to the defendants about the 27th April, 1838, for $304,20. But the name of the principal was not disclosed. The sale was for cash, or payable in from two to six days, which was deemed a cash sale. Morris had…
1Opinion of the CourtBronson, J.
If the defendants were contending with Morris, I do not see how the set-off could be resisted. By an absolute delivery of the goods, he waived the condition, on which he might otherwise have insisted, of having present payment. Lupin v. Marie, 6 Wendell, 77. Though if the delivery had been procured by fraud on the part of the vendees, the title would not have passed. Earl of Bristol v. Wilsmore, 1 Barn. & Cress. 514. Wilmarth v. Mountford, 4 Wash. C. C. R. 79. It is not necessary that the sale should, in express terms, be for cash. If the vendor do not agree to sell on credit, he is not…
2Cases cited1 opinion
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by10 opinions
- Wheaton v. BakerNew York Supreme Court · 1853
- Sizor v. City of LogansportIndiana Supreme Court · 1898
- Stanley Manly Boys' Clothes Inc. v. HickeyTexas Supreme Court · 1924
- McLachlin v. . BrettNew York Court of Appeals · 1887
- Morris v. SellersTexas Supreme Court · 1877
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