Legal Opinion

Gilbert v. . Danforth

New York Court of Appeals

Decided October 5, 1852PublishedCited by 6 opinions

Appeal from the general term of the Supreme Court, in the third district, where a judgment entered on a verdict in favor of the plaintiff, had been affirmed, and a motion for a new trial denied.

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Appeal from the general term of the Supreme Court, in the third district, where a judgment entered on a verdict in favor of the plaintiff, had been affirmed, and a motion for a new trial denied. This was an action of assumpsit, to recover a balance alleged to be due upon a contract in writing, in the words following “ For value received, I promise to pay Martin Gilbert, three hundred and sixty-two dollars and fifty cents, in castings, such as said Gilbert shall select and direct, such as are cast at the Middleburgh furnace, which I agree to deliver at Gilbert’s dwelling-house, at Ghent, in…

1Opinion of the Court

*Welles, J.

— By the contract upon which the „ ^ action was brought, the defendant was bound to pay the plaintiff $362.50, by the first day of March succeeding its date (March 1844), in such castings as were made at the Middleburgh furnace, at 4J cents per pound; the plaintiff having the right to select the castings, which the defendant was bound to deliver at the dwelling-house of the latter. A portion of the castings were selected by the plaintiff and delivered to him by the defendant; the last payment was made on the 16th of March 1844. In March 1847, more than three years after the…

2Cited by6 opinions

  1. Wetzel & T. Ry. Co. v. Tennis Bros.Court of Appeals for the Fourth Circuit · 1906
  2. White v. . City of BrooklynNew York Court of Appeals · 1890
  3. Marlor v. Texas & P. R.U.S. Circuit Court for the District of Southern New York · 1884
  4. Hannan v. AndersonColorado Court of Appeals · 1900
  5. Hannan v. AndersonColorado Court of Appeals · 1900

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