Walsh v. Cooper

The opinion of the court was delivered by

Hoyt, J.

Plaintiffs purchased of defendant a quantity of goods, and in consideration of such purchase made and delivered to him their promissory note, negotiable in form, for the sum of $350, due ninety days after date, and at the time received from the defendant a receipt in substance as follows: “Received from Walsh Bros. $350, one note for above, in payment for goods to be delivered or note to be invalid.” There was a failure to deliver all the goods purchased, and this action was prosecuted to recover the value of the goods which were not delivered.…