Bailey v. Ogden
New York Supreme Court
THIS was an action of assumpsit. The declaration stated a special agreement, that the plaintiffs, on the 14th of December, 1804, being possessed of a quantity of sugars, did, at the instance and request of Francis Huguet, the broker of the defendants, sell to them, and they by their broker bought, 184 boxes of white sugars, at 16 ... • . , ’. , dollars and 25 cents per 100 weight, and also 205 boxes and 1 hogshead of brown sugars, at 12 dollars and 50 cents per 100 weight,…
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THIS was an action of assumpsit. The declaration stated a special agreement, that the plaintiffs, on the 14th of December, 1804, being possessed of a quantity of sugars, did, at the instance and request of Francis Huguet, the broker of the defendants, sell to them, and they by their broker bought, 184 boxes of white sugars, at 16 ... • . , ’. , dollars and 25 cents per 100 weight, and also 205 boxes and 1 hogshead of brown sugars, at 12 dollars and 50 cents per 100 weight, upon the following terms and conditions : That the same were to be paid for in two equal payments, the one half at 60,…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. This cause depends upon the decision of these two general questions :
1. Was there a note or memorandum in writing, binding upon the defendants, within the meaning of the statute of frauds ? If not, then,
2. Was there a delivery of the sugars, so as to change the property, and throw the risk of the subsequent loss upon the defendants?
1st. The only memoranda which were made relative to the transaction, were, an entry of the sale of the sugars, made by one of the plaintiffs in their memorandum book, immediately after the alleged sale, and the minute…
2Cases cited2 opinions
- Roget v. MerritNew York Supreme Court · 1804
- Hunn v. BowneNew York Supreme Court · 1804
3Cited by39 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Justice v. . LangNew York Court of Appeals · 1870
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Rucker v. HarringtonMissouri Court of Appeals · 1893
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