Legal Opinion

Bigelow v. . Benedict

New York Court of Appeals

Decided June 19, 1877PublishedCited by 49 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of- plaintiffs entered upon decision of the court on a trial without a jury.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of- plaintiffs entered upon decision of the court on a trial without a jury. (Reported below, 9 Hun, 429.) This action was brought by plaintiffs as administrators of the estate of M. C. Bigelow, to recover damages for an alleged breach of the following condition : “Attica, January 23, 1865. “ Know all men by these presents, that I, Charles B. Benedict, for and in consideration of the sum of two hundred and fifty dollars, ’good and lawful money of the United States, to…

1Opinion of the CourtAndrews, J.

By the terms of the contract set out in the complaint, the defendant in consideration of two hundred and fifty dollars, acknowledged to have been paid him by Merrett C. Bigelow, agreed to receive from Bigelow- at any time within six months from the date of the contract, two thousand five hundred dollars in gold coin of the ■ United ' States, and to pay him therefor in good current funds at the rate of one hundred and ninety-five dollars in currency for every one hundred dollars in coin, and the contract expressly declares that Bigelow does not contract to deliver the coin, but pays the two…

2Cases cited2 opinions

  1. Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
  2. Cooke v. . DavisNew York Court of Appeals · 1873

3Cited by49 opinions

  1. In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
  2. Embrey v. JemisonSupreme Court of the United States · 1889
  3. Schneider v. TurnerIllinois Supreme Court · 1889
  4. Hawley v. BibbSupreme Court of Alabama · 1881
  5. Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1910

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