Corlies v. Gardner
The Superior Court of New York City
Assumpsit for goods sold and delivered. The plaintiffs proved, at the trial, the sale and ^delivery of the goods to, the defendants, (amounting to $287.32) on the 23d of March, 1829. That the goods were sold by auction, and that the terms of sale were an approved endorsed note, at six months. On the 29th of March, the plaintiffs called upon the defendants for the note, which they refused to give, and on the day following, this action was commenced.
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Assumpsit for goods sold and delivered. The plaintiffs proved, at the trial, the sale and ^delivery of the goods to, the defendants, (amounting to $287.32) on the 23d of March, 1829. That the goods were sold by auction, and that the terms of sale were an approved endorsed note, at six months. On the 29th of March, the plaintiffs called upon the defendants for the note, which they refused to give, and on the day following, this action was commenced. The plaintiffs also proved that when notes were not given according to the stipulated condition, the sale was deemed by them, a sale for cash.…
1Opinion of the CourtOakley, J.
It is no doubt the general rule, that when goods are sold upon a special agreement, which continues executory, no general indebitatus assumpsit will lie. In the present case, however, it is clear from the evidence, that the sale was, in truth, considered a cash sale, unless the buyer should give’ an endorsed note, at six months. The credit which he was to have, was on con dition that he gave the security, and the delivery of the goods was upon the same condition.
Under these circumstances, there can be no question, but that the plaintiffs had a right to reclaim the goods, if they remained in…
2Cited by7 opinions
- Bradford v. MarburySupreme Court of Alabama · 1847
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Daugherty v. FowlerSupreme Court of Kansas · 1890
- Gibson v. StevensU.S. Circuit Court for the District of Indiana · 1845
- Dodge v. WatermanSupreme Court of New Hampshire · 1858
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