Peck v. Farrington
New York Supreme Court
This was an action of assumpsit, tried at the Greene circuit in October, 1829, before the Hon. William A. Duer, then one of the circuit judges. The declaration contained four counts; the two- first on promissory notes, the third for money paid, &c. and the fourth for goods, chattels, wares and merchandise sold by the plaintiff to the defendants.
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This was an action of assumpsit, tried at the Greene circuit in October, 1829, before the Hon. William A. Duer, then one of the circuit judges. The declaration contained four counts; the two- first on promissory notes, the third for money paid, &c. and the fourth for goods, chattels, wares and merchandise sold by the plaintiff to the defendants. The notes were for $32,-50- each, given in consideration of a machine for making shingles sold by one Jonas Poppino to the defendants. The machine was proved to be utterly worthless,-and in addition thereto the defendants shewed that it was an…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff, if he recovers at all, must recover on the notes, and on them alone. The notes were given for the machine, and with the machine the running gear was delivered. The whole was included in the notes which were given to Peek, the plaintiff in the record. He is the plaintiff, and the recovery must be in his name. He has no claim except upon the notes; he sold no goods or chattels to the defendants; they were sold by Poppino, who is not a party to the record, although he is the party in interest. It seems to me, therefore, that the only question in the case…
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