Gibson v. . Tobey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover the contract price of a number of hogs alleged to have been sold by plaintiff to defendants. On the 1st day of November, 1867, at the city of Buffalo, the plaintiff sold and delivered to the defendants a lot of hogs for the sum of $3,408.07, to be paid on delivery.
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Appeal from judgment of the General Term of the Supreme Court of the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover the contract price of a number of hogs alleged to have been sold by plaintiff to defendants. On the 1st day of November, 1867, at the city of Buffalo, the plaintiff sold and delivered to the defendants a lot of hogs for the sum of $3,408.07, to be paid on delivery. On the delivery of the hogs to them, the defendants’ agent sat down and figured up what the hogs came to, and after…
1Opinion of the Court
Chubch, Ch. J.
The important question in this case is whether, from the facts found by the referee, his conclusion of law can be sustained. Did the acceptance of the draft by the plaintiff, under the circumstances found, constitute in law a payment for the price of the hogs ? If it did, the plaintiff cannot maintain the action; but, if not, the judgment must be affirmed. In determining this question, it is proper to consider, whether the draft is to be deemed delivered and accepted upon the sale and delivery of the hogs, or upon a precedent debt contracted for the purchase of them. The rule…
2Cases cited1 opinion
- Noel v. . MurrayNew York Court of Appeals · 1855
3Cited by24 opinions
- Hall v. . StevensNew York Court of Appeals · 1889
- Dibble v. . RichardsonNew York Court of Appeals · 1902
- Atlas S. S. Co. v. Colombian Land Co.Court of Appeals for the Second Circuit · 1900
- Dille v. WhiteSupreme Court of Iowa · 1906
- Smith v. MillsOregon Supreme Court · 1924
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