Peltier v. Sewall
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit, in September, 1831, before the Hon. Ogden EdwaRds, one of the circuit judges.
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This was an action of assumpsit, tried at the New-York circuit, in September, 1831, before the Hon. Ogden EdwaRds, one of the circuit judges. On the trial of the cause, T. N. Wood, a witness for the plaintiff, testified that in Map, 1825, he was ship’s husband to the schooner Susan Miller, then lying in the port of New-York, bound on a voyage to Havre, in France ; and had procured from the plaintiff a freight for the vessel, except to the amount of about 16 bales of cotton, which were required to fill her up. That he applied to the defendant, H. D. Sewall, and his partner, E. B. Sewall, (who…
1Opinion of the Court
By the Court,
Sutherland, J.
The principal qnestion in this case is, whether the plaintiff can recover under the common money counts. The original contract between the parties was special, and the defendant contends ought to have been specially declared on; and such appears to have been the opinion of this court when the case was formerly before it. 3 Wendell, 269. The distinction between an executed and an executory contract, does not appear to have been on that occasion sufficiently considered. As long as a special contract remains in force, neither performed nor rescinded, no recovery can be…
2Cases cited2 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Peltier v. SewallNew York Supreme Court · 1829
3Cited by6 opinions
- Ridgeley v. CrandallCourt of Appeals of Maryland · 1853
- Kronau v. WeisburgAppellate Division of the Supreme Court of the State of New York · 1912
- Hoisting Machinery Co. v. Federal Terra Cotta Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Taylor v. HerringThe Superior Court of New York City · 1863
- Kronan v. WeisbergAppellate Division of the Supreme Court of the State of New York · 1912
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