Deifendorff v. Gage
New York Supreme Court
Appeal, by the defendant, from the county court of Herkimer county. The suit was originally commenced before a justice of the peace.
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Appeal, by the defendant, from the county court of Herkimer county. The suit was originally commenced before a justice of the peace. The complaint alledged that in April, 1848, the defendant, Gage, called upon the plaintiff, Deifendorff, to purchase some hay ; and that after viewing and examining the plaintiff’s hay, and knowing the quality and condition thereof, he bought a quantity of it then lying in a bay in the plaintiff’s barn, and also so much other hay as the plaintiff might have to spare after foddering, that spring, to be delivered to the defendant at Fink’s basin, for the sum of…
1Opinion of the Court
By the Court, Gridley, J.
The appellant seeks to reverse the judgment of the county court and of the justice, in this cause, for the error of the justice in admitting and rejecting evidence upon the trial.
I. The defendant offered to prove, by one Nelson J. Davis, that the hay, for which the suit was' brought, was good for-nothing, and that no use could be made of it, and that when it was delivered the defendant was absent from home and did not see it. (1.) The hay had been purchased at $10 per ton, (to be delivered at the place where it was actually delivered,) without any fraud on the part of…
2Cases cited2 opinions
- Crary v. SpragueNew York Supreme Court · 1834
- Gregory v. McDowelNew York Supreme Court · 1832
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- Wemple v. StewartNew York Supreme Court · 1856
- Sentinel Communications Company v. WattsCourt of Appeals for the Eleventh Circuit · 1991
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