Legal Opinion

Shindler v. Houston

Court for the Trial of Impeachments and Correction of Errors

Decided May 15, 1845PublishedCited by 5 opinions

Error to the court of common pleas, called the mayor’s court of the city of Troy. The suit was commenced by Houston against Shindler in the justices’ court of that city where the plaintiff recovered, and was brought into the mayor’s court by appeal, and there a recovery was again had in favor of the plaintiff. The declaration was for lumber sold and delivered, with the money counts.

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Error to the court of common pleas, called the mayor’s court of the city of Troy. The suit was commenced by Houston against Shindler in the justices’ court of that city where the plaintiff recovered, and was brought into the mayor’s court by appeal, and there a recovery was again had in favor of the plaintiff. The declaration was for lumber sold and delivered, with the money counts. The defendant plead the general issue, and also some special defences, upon which no questions arose. On the trial in the mayor’s court, it appeared that in the summer of 1841, the plaintiff was the owner of about…

1Opinion of the Court

By the Court, Jewett, J.

This action was brought to recover the price of the lumber in question, as for lumber sold and delivered. It is resisted principally on the ground that the contract is within the statute, (2 R. S. 136, § 3,) by which it is enacted, “ Every contract for the sale of any goods, chattels or things in action, for the price of fifty dollars or more, shall be void unless, 1. A note or memorandum of such contract be made in writing and be subscribed by the parties to be charged thereby: or 2. Unless the buyer shall accept and receive part of such goods, or the evidences, or…

2Cases cited3 opinions

  1. Ward v. ShawNew York Supreme Court · 1831
  2. Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
  3. Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821

3Cited by5 opinions

  1. Hutchins v. GilchristSupreme Court of Vermont · 1850
  2. Winslow, Lanier & Co. v. LeonardSupreme Court of Pennsylvania · 1854
  3. Bass v. WalshSupreme Court of Missouri · 1866
  4. Bowers v. AndersonSupreme Court of Georgia · 1872
  5. Wentworth v. RiggsAppellate Terms of the Supreme Court of New York · 1913

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