Park v. Miller
Supreme Court of New Jersey
In error to the Hudson Circuit. This writ of error is brought to reverse the judgment of the court below, for certain errors in the admission of testimony offered by the defendants in error, and in the charge given by the court to the jury on the trial. - The plaintiffs’ action was brought to recover the amount •of a hill for moneys paid by the plaintiff) for the use of the defendants, and for commissions on the sale of certain cattle of the defendants.
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In error to the Hudson Circuit. This writ of error is brought to reverse the judgment of the court below, for certain errors in the admission of testimony offered by the defendants in error, and in the charge given by the court to the jury on the trial. - The plaintiffs’ action was brought to recover the amount •of a hill for moneys paid by the plaintiff) for the use of the defendants, and for commissions on the sale of certain cattle of the defendants. The,defendants were drovers, engaged in bringing cattle to the city of New York, from the West, for sale. About the twenty-first of August-,…
1Opinion of the CourtWhelpley, J.
The facts show that the defendants have received payment for the cattle; that the plaintiffs, who paid them, have not been paid either for their services and advances or for the price of the cattle, less the amount of their advauces and services.
Upon the trial, it was insisted, by the defendants, that the transaction of rendering the bill and giving the.cheek constituted, in law, a complete defence to the action ; that these documents showed conclusively that the plaintiffs had agreed to resort to Lauterback for payment for the cattle; that they had sold him the cattle as their own, taking…
2Cases cited1 opinion
- Jacob Lewis v. GrayMassachusetts Supreme Judicial Court · 1805