H. C. Beals & Co. v. R. Terry & Co.
The Superior Court of New York City
Assumpsit, on the guaranty of a contract, with the money counts, tried before Oakley, Ch. J., May 12th, 1848. The contract was in writing, and with the guaranty, were in these words: “ For value received, we have this day sold, and agree to deliver to Messrs.
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Assumpsit, on the guaranty of a contract, with the money counts, tried before Oakley, Ch. J., May 12th, 1848. The contract was in writing, and with the guaranty, were in these words: “ For value received, we have this day sold, and agree to deliver to Messrs. Roderick Terry & Co., in the city of New York, two thousand barrels superfine flour, ‘City Mills, Rochester,’ at six dollars per barrel, payable cash on delivery of each parcel; to be delivered at our option, in all the month of Jupe next, in parcels of not less than 200 barrels each. Any variation from superfine, to be settled at the…
1Opinion of the CourtBy the Court. Vanderpoel, J.
The principal questions are, whether the judge submitted the proper rule of damages to the jury, and whether he properly rejected the evidence offered by the defendant, that there was a usage of trade in flour contracts for the delivery of flour at a future day, to deliver other brands of flour of equal quality.
The rule of damages, as laid down by the Chief Justice at the trial was, the difference between the market value of the flour on the thirtieth of June, and the contract price, with interest on such difference. This is the true rule. (Clark v. Pinney, 7 Cowen, 681; Dey v. Dox, 9 Wend.…
2Cases cited3 opinions
- Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
- The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
- Dey v. DoxNew York Supreme Court · 1832
3Cited by7 opinions
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Van Allen v. Illinois Central RailroadThe Superior Court of New York City · 1861
- Bridges v. StickneySupreme Judicial Court of Maine · 1854
- Currie v. WhiteThe Superior Court of New York City · 1869
- Currie v. WhiteThe Superior Court of New York City · 1869
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