Smith v. Lowry
New York Court of Chancery
THE bill, which was for an injunction, stated, that in May, 1811, the plaintiffs contracted to deliver to the defendant, in satisfaction of a debt of 675 dollars, owing to him, 140 barrels of salt, at Portland, on the southerly side of lake Erie, on the 1st of September, 1812. That war intervening with Great-Britain, and obstructing the communication between the salt works at Onondaga and that place, the parties agreed that the contract should be satisfied by the payment of…
Read the full summary
THE bill, which was for an injunction, stated, that in May, 1811, the plaintiffs contracted to deliver to the defendant, in satisfaction of a debt of 675 dollars, owing to him, 140 barrels of salt, at Portland, on the southerly side of lake Erie, on the 1st of September, 1812. That war intervening with Great-Britain, and obstructing the communication between the salt works at Onondaga and that place, the parties agreed that the contract should be satisfied by the payment of 100 dollars in cash, and a quantity of hats. and the residue in salt, to be delivered at Lewisiown, in Niagara county,…
1Opinion of the Court
The Chancellor.
This is not a case in which the court can interfere with the verdict and judgment at law. The plaintiff, Smith, was in public employment- for some weeks previous to the trial, but he was, at the time, in or near the county of Onondaga, and he had an attorney and counsel employed to attend to his cause; and it does not appear that any application was made, on his part, to the circuit court, to postpone the trial. He must have known,, or he was bound to know, that he was sued upon the original written contract mentioned in his bill, and that the price of salt, at the place of…
2Cited by33 opinions
- Flood v. TempletonCalifornia Supreme Court · 1907
- Zeitlin v. ZeitlinMassachusetts Supreme Judicial Court · 1909
- Maryland Steel Co. v. MarneyCourt of Appeals of Maryland · 1900
- Taylor v. BidwellCalifornia Supreme Court · 1884
- Boyden v. ReedIllinois Supreme Court · 1870
28 more not listed; retrieve them via the Exa API.