Thompson v. Gould
New York Supreme Court
Robert H. Thompson brought this action against Jay Gould and others, alleging in his complaint that one Harrison on September 24, 1869, at the city of New York, entered into a contract of sale with the defendants, by which Harrison was to sell and deliver on the next day, September 25, through the New York Gold Exchange Bank, twenty-one hundred thousand dollars ($2,100,000), gold coin of the United States, to one Albert Speyers, and the defendants agreed that Speyers should…
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Robert H. Thompson brought this action against Jay Gould and others, alleging in his complaint that one Harrison on September 24, 1869, at the city of New York, entered into a contract of sale with the defendants, by which Harrison was to sell and deliver on the next day, September 25, through the New York Gold Exchange Bank, twenty-one hundred thousand dollars ($2,100,000), gold coin of the United States, to one Albert Speyers, and the defendants agreed that Speyers should receive this gold, and should, at the same time, pay through the same bank to Harrison the sum of thirty-three hundred…
1Opinion of the CourtDonohue, J.
The complaint is this case is for damages for non-performance of a gold contract. The defendants demur. The most important ground of demurrer is that no sufficient allegation of damage is *428set out in the complaint to give the defendants notice-of what they are to try. Assuming that the complaint is correct in all other particulars and allegations, it amounts to this: the plaintiff says you, the defendants, on a certain day bought certain gold of me, which I have been and am now ready to deliver, and you will not pay for it, and I am damaged to the amount of so much by that refusal, without as…
2Cases cited2 opinions
- Gould v. AllenNew York Supreme Court · 1828
- Rider v. PondNew York Supreme Court · 1858