Welch v. Moffat
New York Supreme Court
Actios" upon a promissory note made by defendants, as copartners, for $7,176.30 payable four months after date. The defense was, 1. That the note was given in part payment for 81,763 pounds of broom corn sold by plaintiff and agreed to be delivered to the defendants, in which agreement the plaintiff had made default; 3. That on this agreement $1,000 had been paid down by defendants, and plaintiff having failed to perform, defendants counterclaimed for that amount.
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Actios" upon a promissory note made by defendants, as copartners, for $7,176.30 payable four months after date. The defense was, 1. That the note was given in part payment for 81,763 pounds of broom corn sold by plaintiff and agreed to be delivered to the defendants, in which agreement the plaintiff had made default; 3. That on this agreement $1,000 had been paid down by defendants, and plaintiff having failed to perform, defendants counterclaimed for that amount. It was proved at the trial that the contract was for 81,762 pounds at 10 cts. per pound, amounting to §8,176.20 in value; that…
1Opinion of the CourtMullin, P. J.
This action was brought to recover the amount of a note made by defendants for $7,176.30, payable in four months from date, and delivered to the plaintiff upon a contract entered into by the parties, of which the following is a copy:
“ Bought of S. M. Welch 340 Bales of Broom Corn, 81,763 lbs., at 10 cts., $8,176.30.
“ The above constitutes my entire stock of corn now held by me, and all upon the fourth floor of my store, and sold to them as it is, entire, and includes my entire purchase. The terms agreed upon are $1,000 cash, remainder in their note at 4 months, the corn to be held by me as…
2Cases cited4 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Wheadon v. OldsNew York Supreme Court · 1838
- Havemeyer v. CunninghamNew York Supreme Court · 1861
- Heine v. AndersonThe Superior Court of New York City · 1853