Counsel v. Vulture Mining Company of Arizona
New York Court of Common Pleas
Appeal by defendants from, a judgment of this court •entered on the decision of a judge after a trial before him without a jury.
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Appeal by defendants from, a judgment of this court •entered on the decision of a judge after a trial before him without a jury. The complaint alleged that the plaintiff had worked for the •defendants for three years and six months, under a contract with the defendants to pay him “ at the rate of sixty dollars per month in gold bullion, valued at $16 per ounce in gold coin of the United States,” and that there was a balance due him ofn $1,417 55 in gold coin of the United States, with interest from •July 20th, 1872. No demand of payment was alleged. On the trial the defendants admitted the…
1Opinion of the Court
Daly, Chief Justice.
I think that the reason which dispenses with the necessity of a demand before action brought, where the debt is due and is by the contract payable in money, ■applies in this case. If the payment is to be made in money, it is the duty of the defendant, when the debt is due, to seek the plaintiff, in order to make the payment (Goodwin v. Holbrook, 4 Wend. 379; 2 Kent’s Com. 506). Where a person contracts generally to pay a sum of money, he is liable to the creditor everywhere (per Bayley, J., in Sanderson v. Bowes, 24 East, 500), and consequently a tender or offer to pay…
2Cases cited7 opinions
- Robbins v. LuceMassachusetts Supreme Judicial Court · 1808
- Sheldon v. SkinnerNew York Supreme Court · 1830
- Ewing v. FrenchIndiana Supreme Court · 1822
- Lobdell v. HopkinsNew York Supreme Court · 1826
- Russell v. OrmsbeeSupreme Court of Vermont · 1838
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