Barns v. Graham
New York Supreme Court
Error from the Yates Common Pleas. The action be< jow was assumpsit, hy Graham against Barns, on the following note : “ For value received of Orison Graham, I promise to pay him, or bearer, the sum of 127 dollars, in good merchantable lumber, and equal proportion clear stuff, in one year from the 15th day of May next, with lawful hiterest; as witness, &c. at Italy, this 26th day of Octoher, 1822; N. B. Said lumber is to be of good white-pine timber.” (Signed) Timothy Barns.
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Error from the Yates Common Pleas. The action be< jow was assumpsit, hy Graham against Barns, on the following note : “ For value received of Orison Graham, I promise to pay him, or bearer, the sum of 127 dollars, in good merchantable lumber, and equal proportion clear stuff, in one year from the 15th day of May next, with lawful hiterest; as witness, &c. at Italy, this 26th day of Octoher, 1822; N. B. Said lumber is to be of good white-pine timber.” (Signed) Timothy Barns. The defendant below offered to prove, that, when the _ „ note became due, he had at his saw-mill in Italy, where both…
1Opinion of the Court
Curia, per
Savage, Ch. J.
The Court below decided correctly. When a note is payable in ponderous articles, and no place is designated, the law does not seem to have perfectly settled the place. In Slingerland v. Morse, (8 John. Rep. 477,) this Court appear to adopt the doctrine of Ld. Coke, (Co. Litt. 210, b.) that in such case, the obligor must seek the obligee before the day, and know where he will appoint to receive them, and there they must be delivered ; yet they hold that the obligor is not bound to deliver the articles at an unreasonable place.
In this case, the defendant below made no…
2Cases cited1 opinion
- Slingerland v. MorseNew York Supreme Court · 1811
3Cited by2 opinions
- Armstrong v. TaitSupreme Court of Alabama · 1845
- Johnson v. BairdIndiana Supreme Court · 1833