Wilt & Green v. Ogden
New York Supreme Court
THIS was an action oí assumpsit, which was fried at the Tioga circuit in dime, 18.15, before Mr., J, Yates.- The plaintiffs declared on an agreement or promissory note, made by the' defendant; to pay the plaintiffs 270 dollars, in drawing piaster', at 4 dollars and 50 cents per ton, from Quiggs-j in Ithaca, to Oviégp-, and also for goods sold and delivered: • The execution of the note having been admitted, the .defendant, at the trial, offered to prove, that he had been to…
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THIS was an action oí assumpsit, which was fried at the Tioga circuit in dime, 18.15, before Mr., J, Yates.- The plaintiffs declared on an agreement or promissory note, made by the' defendant; to pay the plaintiffs 270 dollars, in drawing piaster', at 4 dollars and 50 cents per ton, from Quiggs-j in Ithaca, to Oviégp-, and also for goods sold and delivered: • The execution of the note having been admitted, the .defendant, at the trial, offered to prove, that he had been to one Quiggs, in Ithaca, for the purpose of drawing the plaster, but that the plaintiffs had no plaster there. The…
1Opinion of the Court
Per Curiam.,The principal question, in this case, is, whether the defence set up on the part of the defendant, and received by the judge, was admissible under the general issue. The note upon' which the action is founded, Was to be paid iri drawing plaster from Ithaca to Owego, and the defence was an offer of performance on the part of the defendant. From the testimony it very ■. satisfactorily appeared that every thing was done by. the defendant, which could be required of him, towards a performance of his contract, and that the non-performance was attributable solely to the neglect or…
2Cited by11 opinions
- Bond v. CorbettSupreme Court of Minnesota · 1858
- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
- Meredith v. Santa Clara Mining Ass'n of BaltimoreCalifornia Supreme Court · 1880
- Roberts v. BeattySupreme Court of Pennsylvania · 1830
- Frost v. EverettNew York Supreme Court · 1826
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