Mattice v. Allen
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover damages of the defendants for refusing to perform a contract entered into by them, through one Rosenkrans, their agent, for the purchase of a quantity of barley of the plaintiff. ; The contract, as proved by the plaintiff’s own testimony, was as follows: “ I called at Wallace’s station and saw Rosenkrans, and told biin I would like to get §40 to pay for- some sheep I had bought; I…
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover damages of the defendants for refusing to perform a contract entered into by them, through one Rosenkrans, their agent, for the purchase of a quantity of barley of the plaintiff. ; The contract, as proved by the plaintiff’s own testimony, was as follows: “ I called at Wallace’s station and saw Rosenkrans, and told biin I would like to get §40 to pay for- some sheep I had bought; I had before then talked with Rosenkran's about selling him my barley, and when I asked him for the money I said to him,…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
The first question presented for our consideration upon this appeal arises upon the exception to the decision of the referee refusing to non-suit the plaintiff. This exception I think not well taken, and that the motion for a nonsuit was properly denied. The plaintiff had proved the contract of sale, and that before consummating the trade he had borrowed of the defendants’ agent $40, which it was then agreed between them should be applied upon the sale of the barley if they concluded a bargain therefor; that a few days afterwards they concluded such' bargain,…
2Cases cited7 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Ely v. OrmsbyNew York Supreme Court · 1851
- Fulton Bank v. StaffordNew York Supreme Court · 1829
- People v. MooreNew York Supreme Court · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matthiessen & Weichers Refining Co. v. McMahon's AdministratorSupreme Court of New Jersey · 1876
- Mather v. ParsonsNew York Supreme Court · 1884