Briggs v. Tillotson
New York Supreme Court
IN error, on certiorari, from a justice’s court. The; parties in January, 1809, submitted to the judges of court of common pleas of Schoharie, a piece of c^ot^» f°r the bounty of 80 dollars, given by the legislature, and, at the time of the submission, made to each . _ . . , , other mutual promises, to wit: Briggs promised, that it the cloth presented by him obtained the bounty, that then he would pay Tillotson the one half thereof, deducting t^ie charges for procuring the…
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IN error, on certiorari, from a justice’s court. The; parties in January, 1809, submitted to the judges of court of common pleas of Schoharie, a piece of c^ot^» f°r the bounty of 80 dollars, given by the legislature, and, at the time of the submission, made to each . _ . . , , other mutual promises, to wit: Briggs promised, that it the cloth presented by him obtained the bounty, that then he would pay Tillotson the one half thereof, deducting t^ie charges for procuring the bounty, on the condition ^at Tz/fofso?z was entitled to present his cloth, it being fulled and dressed out of the county,…
1Per curiam
Had the contract.been made prior to the complete manufacture of the cloth, it would have been, against the policy of the act to tolerate agreements like the present; but the contract being after the completion of the cloth, could have no influence on the competition of the parties, and could not, therefore, be in fraud of the act. It is idle to suppose that, but for the agreement, which was known to the judges, the premium would not have been awarded.They adjudged Briggs’s cloth to be the best, and the idea cannot be admitted that they were influenced in their decision by any improper or…
2Cited by15 opinions
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Milliken v. BrownSupreme Court of Pennsylvania · 1829
- Vicary v. MooreSupreme Court of Pennsylvania · 1834
- Minehan v. HillAppellate Division of the Supreme Court of the State of New York · 1911
- Coleman v. . EyreNew York Court of Appeals · 1871
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