Legal Opinion

Stearns v. Marsh

New York Supreme Court

Decided January 15, 1847PublishedCited by 71 opinions

Assumpsit by the payees against the makers of a promissory note. Plea, non-assumpsit. The cause was tried at the Niagara circuit, in October, 1845, before Dayton, G. Judge The note was dated July 5th, 1837, and was for the sum of $436,54, payable in four months from date. The defendants resided at Haverhill, Mass.; and the plaintiffs at Boston.

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Assumpsit by the payees against the makers of a promissory note. Plea, non-assumpsit. The cause was tried at the Niagara circuit, in October, 1845, before Dayton, G. Judge The note was dated July 5th, 1837, and was for the sum of $436,54, payable in four months from date. The defendants resided at Haverhill, Mass.; and the plaintiffs at Boston. It appeared that the note, at its date, was sent to the plaintiffs in a letter, from the defendants, in which they stated that they had on that dáy forwarded to the plaintiffs, by team, tendeases, numbered 1 to 10, of boots_aad-shoes. of the value,…

1Opinion of the Court

By the Court, Jewett, J.

The contract between these parties was strictly a pledge of the boots and shoes. At common law, a pledge is defined to be a bailment of personal property, as a security for some debt or engagement. (2 Kent’s Com. 577, 5th ed.; Story on Bailment, § 286.) The plaintiffs’ debt, thus secured, became payable on the 8th day of November, 1837. On the 15th of that month, the plaintiffs caused the pledge to be sold at a public sale by an auctioneer in Boston, pursuant to a public notice published in certain newspapers in that city from the 2d to the 15th of November inclusive;…

2Cases cited4 opinions

  1. Patchin v. PierceNew York Supreme Court · 1834
  2. Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
  3. Garlick v. JamesNew York Supreme Court · 1815
  4. Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834

3Cited by71 opinions

  1. Wheeler v. . NewbouldNew York Court of Appeals · 1857
  2. Chouteau v. AllenSupreme Court of Missouri · 1879
  3. Wilson v. . LittleNew York Court of Appeals · 1849
  4. Bryan v. . BaldwinNew York Court of Appeals · 1873
  5. Stow v. YarwoodIllinois Supreme Court · 1853

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