Dey v. Dox
New York Supreme Court
This was an action of assumpsit, tried at the Seneca circuit in June, 1880, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of assumpsit, tried at the Seneca circuit in June, 1880, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff proved a contract signed by the defendants in these words: “We have this day bought of David Bey 1280 bushels of first quality merchantable wheat, to be delivered' onboard of boats, at ornear the store house of David Brooks, at any time we may require the delivery of the same after the first day of April next, and are to pay seventy-five cents per bushel, payable the first of September next, and have paid him one dollar on account of the same s…
1Opinion of the Court
*131 By the Court,
Nelson, J.
The plaintiff musí fail upon principles too well settled to require examination, and the omission to avail himself of those principles, when prosecuted by the present defendants on the contract relative to this same subject matter, has no doubt given rise to the present suit; for, had they been applied, he would have had no cause of complaint. If a greater amount in damages for a breach of Ms agreement has been recovered against Mm than the well settled principles of law would warrant, it is his own fault, and cannot be heard or admitted as a sufficient reason to…
2Cases cited1 opinion
- Dox v. DeyNew York Supreme Court · 1829
3Cited by30 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Todd v. . GambleNew York Court of Appeals · 1896
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- Holtz v. OldsOregon Supreme Court · 1917
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
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