McCleary v. Edwards
New York Supreme Court
THE defendant executed contracts as follows: “ For and in consideration of the sum of $2000 in cash to me paid by Richard McCleary, the receipt of which I hereby acknowledge, I hereby lease to said McCleary the two bars or saloons on the steamers Southern Michigan and Northern Indiana, for the season of navigation of 1853. Dated Buffalo, November 27, 1852.” “ Whereas Richard McCleary, of the city of Buffalo, has this day executed and delivered to me his promissory note,…
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THE defendant executed contracts as follows: “ For and in consideration of the sum of $2000 in cash to me paid by Richard McCleary, the receipt of which I hereby acknowledge, I hereby lease to said McCleary the two bars or saloons on the steamers Southern Michigan and Northern Indiana, for the season of navigation of 1853. Dated Buffalo, November 27, 1852.” “ Whereas Richard McCleary, of the city of Buffalo, has this day executed and delivered to me his promissory note, falling due and payable on the first day of March, 1853, for the sum of $2000, therefore I hereby agree to lease unto said…
1Opinion of the Court
By the Court, Marvin, J.
The objection to the admission of the deposition was not well taken. Hurd v. Pendrigh, (2 Mill, 502,) is in point, and decisive. This case is not referred to in the decision in Fleming v. Hollenback, (7 Barb. 271,) nor are the cases alike. In the latter case the commissioners *242made their return on a separate piece of paper which was attached to the hack of the answers to the interrogatories.
The difficulties in this case relate to the right to recover, and the measure of damages. The defendant insists that the plaintiff has no right to recover any damages, and if wrong…
2Cases cited1 opinion
- Fleming v. HollenbackNew York Supreme Court · 1849
3Cited by1 opinion
- Denison v. FordNew York Court of Common Pleas · 1878