Farnsworth v. Clark
New York Supreme Court
rpHIS action was brought upon a written agreement, exeJL cuted by the defendants to the plaintiff. It was referred to Hon. Moses Taggart, and tried before him, and he reported in favor of the plaintiff. 'From the judgment entered upon his report, the present appeal was brought by the defendant Bodman Clark.
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rpHIS action was brought upon a written agreement, exeJL cuted by the defendants to the plaintiff. It was referred to Hon. Moses Taggart, and tried before him, and he reported in favor of the plaintiff. 'From the judgment entered upon his report, the present appeal was brought by the defendant Bodman Clark. Ujjon the trial the proof showed, and the referee found, that on the 28th day of March, 1861, the defendant Gardner Clark, and one George H. Potter, loaned of Jonathan Win-slow, the sum of $450, for which they gave their promissory note, which note was executed by the plaintiff, at their…
1Opinion of the Court
By the Court, Daniels, J.
When this case was previously before this court, it was held that by the fair construction of the agreement upon which the action' was brought, a breach of it occurred by the non-payment of the note to Jonathan Winslow when by its terms that note became due, and that on account of such breach the plaintiff was lawfully entitled to recover the amount agreed to be paid, without first showing a payment by himself of the note to Winslow. That construction has not upon the present argument been in any manner questioned or controverted. And its correctness is very…
2Cases cited6 opinions
- Port v. JacksonNew York Supreme Court · 1819
- Livingston v. RogersNew York Supreme Court · 1804
- Wright v. WhitingNew York Supreme Court · 1863
- Comstock v. SmithNew York Supreme Court · 1810
- Parker v. CraneNew York Supreme Court · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Anderson v. EnglishAppellate Division of the Supreme Court of the State of New York · 1905