Locklin v. . Moore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the purchase-price of a quantity of goods alleged t'a have been sold by the plaintiff to the defendant in the year 1868. The answer, among other things, set up that a portion of the goods were left with the defendant to be sold upon commission and that they had not all been sold; and that, as to so much of the goods as he purchased, it was expressly agreed that they should be paid for…
1Opinion of the Court
Earl, C.
The defendant bought the goods to be paid for at his store on the 1st day of January, 1869, and payment not having been made, the plaintiff commenced this action without a prior demand of payment, and the sole question is, whether such demand was a condition precedent to the maintenance of this action. It is the settled law of this State, announced in many decisions, that when a specific sum of money is made payable by the agreement of the par-ties, upon demand, or at a specified time at a particular place, as against the original debtor, no demand at the time or place, prior to the…
2Cases cited1 opinion
- Hills v. . PlaceNew York Court of Appeals · 1872
3Cited by16 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Dunning v. DunningNew York Court of Appeals · 1950
- Wangler v. . SwiftNew York Court of Appeals · 1882
- First National Bank v. . StoryNew York Court of Appeals · 1911
- Ganser v. Fireman's Fund InsuranceSupreme Court of Minnesota · 1885
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