Gibson v. Toby
New York Supreme Court
APPEAL from a judgment entered on the report and decision of a referee. The action was to recover the balance of the price of hogs sold. The plaintiff resided in Mexico, Wyandotte county, Ohio. One of the defendants resided in New York city, and the other in Chicago, and they had a place of business in each of those cities.
Read the full summary
APPEAL from a judgment entered on the report and decision of a referee. The action was to recover the balance of the price of hogs sold. The plaintiff resided in Mexico, Wyandotte county, Ohio. One of the defendants resided in New York city, and the other in Chicago, and they had a place of business in each of those cities. On the 1st of November, 1867, between 8 and 10 o’clock A. M. the plaintiff sold to the defendants, in Buffalo, hogs, the price amounting to $3408.07. The sale was for cash. The hogs were all weighed between 9 and 10 A. m. when Thomas Pienkowskie, the agent of .the…
1Opinion of the Court
By the Court, Marvin, P. J.
The facts being ascertained, I do not understand that there is any dispute touching the law applicable to cases of the sale of property and the receiving of the note of a third person by the vendor, from the vendee. If the agreement expressly is that the note of a third person shall be taken for the property sold, and the property and note are delivered, the transaction is an exchange of property. It was said by the court, in Johnson v. Weed, (9 John. 310,) “ that the books all agree that there must be a clear and special agreement that the vendor shall take the…
2Cases cited5 opinions
- Johnson v. WeedNew York Supreme Court · 1812
- Whitbeck v. Van NessNew York Supreme Court · 1814
- Dayton v. TrullNew York Supreme Court · 1840
- Stephens v. McNeillNew York Supreme Court · 1858
- Torry v. HadleyNew York Supreme Court · 1858
3Cited by7 opinions
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- M. Gimble & Sons v. KingCourt of Appeals of Texas · 1906
- Bantz v. BasnettWest Virginia Supreme Court · 1877
- Catlin v. MunnNew York Supreme Court · 1885
- Catlin v. MunnNew York Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.