Meyer v. . Clark
New York Court of Appeals
Appeal from the judgment of the General Term of the Hew York Common Pleas affirming a judgment for the plaintiffs upon a verdict at the trial term—Brady, J., presiding.
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Appeal from the judgment of the General Term of the Hew York Common Pleas affirming a judgment for the plaintiffs upon a verdict at the trial term—Brady, J., presiding. The action was to recover for $5,000 in gold, at the rate of 212 per cent, claimed to have been delivered by the plaintiffs, through their clerk, Corneilson, to the defendants, on the 26th of September, 1864. It appeared that the plaintiffs had contracted to deliver the defendants, on that day, $25,000 in gold, at 212Í-. The plaintiffs gave evidence tending to show that they sent their clerks, Corneilson and Kirholtz, with…
1Opinion of the Court
By the Court—Beckham, J.
The doctrine of voluntary payments, so urgently pressed at the argument, has no application to this case. The contract was to deliver $25,000 in gold at 212]- per cent, payable on delivery. The plaintiffs claimed to have delivered it as agreed,"five bags of $5,000 each. The defendants insisted that only four bags, or $20,000, had been delivered, and paid for but four bags. Three days afterward the defendants delivered the other $5,000. The plaintiffs say, in substance: “We insist we have already delivered you $25,000, as agreed; and protesting we are not bound to do…
2Cited by5 opinions
- Humble v. McDonoughSuperior Court of Buffalo · 1893
- Orendorf v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Tropp v. Equitable Life Assurance Society of the United StatesAppellate Terms of the Supreme Court of New York · 1943
- People v. GreenfieldNew York Supreme Court · 1881
- People v. KellyNew York Supreme Court · 1885