Walsh v. Bailie
New York Supreme Court
THIS was an action of assumpsit. The declaration was for goods supplied by the plaintiffs to John and George Sherman, at the request of the defendant; and also for goods sold generally by the plaintiffs to the defendant. Plea, non assumpsit. The cause was tried at the Albany circuit, before Mr. Justice Thompson.
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THIS was an action of assumpsit. The declaration was for goods supplied by the plaintiffs to John and George Sherman, at the request of the defendant; and also for goods sold generally by the plaintiffs to the defendant. Plea, non assumpsit. The cause was tried at the Albany circuit, before Mr. Justice Thompson. The plaintiffs gave in evidence the following letter of credit, addressed to the plaintiffs, who are merchants at Albany, under the firm of Dudley Walsh <§■ Co.; “ Nerv-York, May 16,1810. “ Messrs. Dudley Walsh & Co. Albany, “ Gentlemen, “ You will please to supply Messrs. John and…
1Per curiam
The contract was made with the plaintiffs that they were to supply the Shermans with the goods, and on the best terms. Instead of supplying the goods themselves, the plaintiffs desire Dox, a merchant at Geneva, to supply the goods, and express no doubt that he would do it on the most liberal terms. The terms of Dox might have been very different from those of the plaintiffs, especially, as the plaintiffs resided in Albany, and traded on a large scale, and Dox lived far in the interior of the country, and obtained his goods on credit from the plaintiffs. Dox might not have had the means, nor…
2Cited by26 opinions
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- Novak v. PitlickSupreme Court of Iowa · 1903
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