Gleason v. Pinney
New York Supreme Court
On error to the Onondaga C. P. The action in the court helo vv was assumpsit, hy Pinney against Gleason, upon several notes, due at different times, in this form : 7 “ For value received, I promise to to pay John Pinney, seventy-nine dollars, fifty cents, on the first day of August, 1822, in salt, at fourteen shillings per barrel, in good boat- . ’ ’ . , _ „ b „ ’ b mg order. Liverpool, June 30th, 1820. Ara Gleason.”
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On error to the Onondaga C. P. The action in the court helo vv was assumpsit, hy Pinney against Gleason, upon several notes, due at different times, in this form : 7 “ For value received, I promise to to pay John Pinney, seventy-nine dollars, fifty cents, on the first day of August, 1822, in salt, at fourteen shillings per barrel, in good boat- . ’ ’ . , _ „ b „ ’ b mg order. Liverpool, June 30th, 1820. Ara Gleason.” On these several notes, if the sum due upon them was calculated in the dollars and cents expressed, with interest, the balance due to the plaintiff below, at the time of the…
1Opinion of the Court
Curia, per Savage, Ch. J.
The Court of Common Pleas adopted the true measure of damages. The defendant below acknowledged, by his several notes, the amount of the debt due in dollars and cents. The delivery of the salt was the mere mode of payment. He might have *153avoided the payment of the whole sum by this delivery; hut not having done so, he should not be discharged by paying less than the debt which he has agreed to be due. This precise question was very fully considered in Brooks v. Hubbard, cited by the counsel for the defendant in error ; and the rule acted upon in this case, hoi den to…
2Cases cited1 opinion
- Smith v. SmithNew York Supreme Court · 1807
3Cited by7 opinions
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Heywood v. HeywoodSupreme Judicial Court of Maine · 1856
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
- Curry v. LarerSupreme Court of Pennsylvania · 1848
- Gleason v. PinneyCourt for the Trial of Impeachments and Correction of Errors · 1799
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