Vance v. Bloomer
New York Supreme Court
Error from the superior court of the city of New-York. Bloomer sued Vance in the marine court of the city of New-York on a due-bill in these words: “ Due G. Bloomer or bearer 44 dollars 30 cents, to be paid in ready made clothing after this date.” (Signed) James Vance. The due-bill was dated 19th February, 1835, and to it was attached a memorandum in these words : “ N. B. Clothes yyill not be made to measure.”
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Error from the superior court of the city of New-York. Bloomer sued Vance in the marine court of the city of New-York on a due-bill in these words: “ Due G. Bloomer or bearer 44 dollars 30 cents, to be paid in ready made clothing after this date.” (Signed) James Vance. The due-bill was dated 19th February, 1835, and to it was attached a memorandum in these words : “ N. B. Clothes yyill not be made to measure.” A witness of the name of Wade testified that in behalf of the plaintiff he demanded of the defendant, at the store of the latter, who kept a clothing store, a ready made coat lying on…
1Opinion of the Court
By the Court, Cowen, J.
It is not denied that a special demand at the store of the defendant below, and a refusal to perform, were necessary in order to maintain the action. Lobdell v. Hopkins, 5 Cowen, 516. The necessity for this was formerly doubted and left quite questionable by Thomas v. Roosa, 7 Johns, R. 461 ; and in a recent case in Pennsylvania, a majority of the court said that though no time nor place be fixed by the contract for delivery, it lies with the debtor to tender within a reasonable time, Roberts v. Beatty, 2 Pennsylv. R. 71,2, Houston, J. doubting. The balance of the cases…
2Cases cited1 opinion
- Nichols v. WhitingSupreme Court of Connecticut · 1792
3Cited by10 opinions
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- Rice v. ChurchillNew York Supreme Court · 1846
- Crowl v. GoodenbergerMichigan Supreme Court · 1897
- Woods v. DialIllinois Supreme Court · 1850
- Musselman v. StonerSupreme Court of Pennsylvania · 1858
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