West v. Wentworth
New York Supreme Court
Assumpsit, tried at the Onondaga Circuit on the 11 th daw „ . ° - ot July, 1823, before 1 HRoop, C. J udge-. lh® trial, the counsel for the plaintiff introduced two notes, or memorandums in writing (¡he execution of which was admitted by defendant’s counsel,) in the following words ; (First note) “ In the momh oí June next, we, jointly and sev* . J erally, promise to pay Simeon West eighty-eight barrels §ood salt’ 'n S00cJ barrels, well nailed, delivered at Liverpool, value…
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Assumpsit, tried at the Onondaga Circuit on the 11 th daw „ . ° - ot July, 1823, before 1 HRoop, C. J udge-. lh® trial, the counsel for the plaintiff introduced two notes, or memorandums in writing (¡he execution of which was admitted by defendant’s counsel,) in the following words ; (First note) “ In the momh oí June next, we, jointly and sev* . J erally, promise to pay Simeon West eighty-eight barrels §ood salt’ 'n S00cJ barrels, well nailed, delivered at Liverpool, value received, November 1st, 1819, subject to duties.” Signr “ Wm. Wentworth, Wm. FI. BeachN (Second note) “In the month of…
1Opinion of the Court
Curia,
per Sutherland, J.
The measure of damages adopted at the Circuit was the true one. The case of Cortelyou v. Lansing. (2 Caine's Cas. Err. 216,) and of Shepherd v. Johnson, (2 East, 211) are precisely in point. The latter was an action upon a contract to replace a quantity of stock by a given day; and it was held that the plaintiff was entitled to recover the highest value of the stock as it stood, at the time of She trial; and not its value on the day when it should have been delivered. Grose, J. says, “ the true measure of damages in all these ca=es is that which will completely…
2Cited by12 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Booth v. . PowersNew York Court of Appeals · 1874
- Page v. FowlerCalifornia Supreme Court · 1870
- Clark & Clark v. PinneyNew York Supreme Court · 1827
- Romaine v. . Van AllenNew York Court of Appeals · 1863
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