Ming v. Corbin
New York Supreme Court
Appeal from circuit court, New York county. Action by John H. Ming and Charles K. Wells against Austin Cor-bin to recover the balance due on certain bonds sold by plaintiffs to defendant. Plaintiffs obtained judgment. Defendant appeals.
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Appeal from circuit court, New York county. Action by John H. Ming and Charles K. Wells against Austin Cor-bin to recover the balance due on certain bonds sold by plaintiffs to defendant. Plaintiffs obtained judgment. Defendant appeals. This action was brought to recover the balance due on the purchase price ■of .certain bonds of the par value of $5,300, issued by the county of Lewis ■& Clarke, in the territory of Montana, and sold in 1872 by the plaintiffs to the ■defendant at about 82 per cent. In March, 1872, one Sherwood was authorized by the plaintiffs to sell for them $5,000 of the…
1Opinion of the CourtFollett, J.
Sherwood testified, and in this he was not contradicted, that the plaintiffs authorized him to sell bonds issued by the county of Lewis & Clarke of the face value of $5,000, and warrants issued by the then territory of Montana of the face value of $5,000, at 85 per centum, and that he did agree for the plaintiffs to sell and thereafter deliver to the defendant such securities for $8,500. This was an entire contract, and, unless modified, the plaintiffs, not having performed it, were not entitled to recover. All negotiations subsequent to the original contract were in writing, and their…
2Cases cited5 opinions
- Cumpston v. McNairNew York Supreme Court · 1828
- Hall v. SuydamNew York Supreme Court · 1849
- Thompson v. RobertsSupreme Court of the United States · 1861
- People v. . O'NeillNew York Court of Appeals · 1889
- People v. O'NeilNew York Supreme Court · 1888
3Cited by6 opinions
- Jones v. De CourseyAppellate Division of the Supreme Court of the State of New York · 1896
- Jones v. De CourseyAppellate Division of the Supreme Court of the State of New York · 1896
- Williamson v. American Foil Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Northrup v. PorterAppellate Division of the Supreme Court of the State of New York · 1897
- Stolz v. City of SyracuseNew York Supreme Court · 1908
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