Newcomb v. Cramer
New York Supreme Court
This was an action of assumpsit, brought to recover the amount of an instrument in writing in -these words: “ $95,07. One year from date, for value received, we promise to pay T. W. Newcomb & Co. ninety-five dollars and seven cents, and interest, to be paid in three one-horse wagons, to be substantially built, worth forty dollars each, with boxes to be painted cream color, and striped with green or black, to be well made and good marketable wagons, to be delivered to or for…
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This was an action of assumpsit, brought to recover the amount of an instrument in writing in -these words: “ $95,07. One year from date, for value received, we promise to pay T. W. Newcomb & Co. ninety-five dollars and seven cents, and interest, to be paid in three one-horse wagons, to be substantially built, worth forty dollars each, with boxes to be painted cream color, and striped with green or black, to be well made and good marketable wagons, to be delivered to or for them at Comstock’s Landing, Washington Co. N. Y., which wagons, when so delivered, are to be sold by said T. W. Newcomb…
1Opinion of the Court
By the Court, Willard, J.
As the charge of the judge is not set forth in the case, and was not objected to, we must presume that it fairly submitted the questions of fact. The weight of evidence as to the quality and value of the wagons, and as to whether the plaintiffs had in fact accepted them, was clearly with the plaintiffs, and warranted the verdict.
The errors mainly complained of are, 1st. The reception in evidence of the letter of the plaintiffs to Mr. Thompson, dated April 23,1846. It was objected to because it was the acts or declarations of the plaintiffs themselves. The wagons were…
2Cited by2 opinions
- Bloyd v. PollockWest Virginia Supreme Court · 1885
- Comfort v. KierstedNew York Supreme Court · 1857