Savary v. Goe
U.S. Circuit Court for the District of Pennsylvania
This was an action of debt on a bond, in the penalty of 1920 dollars, with condition, that the defendant should deliver to the plaintiff, or his agent or assigns, at the place of embarkation in Brownsville, the quantity of 1920 gallons of good merchantable proof whiskey, in good and tight barrels, in all .the month of May, 1809. Upon oyer of the obligation and condition, the defendant pleads In bar, that in all the month of May, 1809, he was ready, and prepared, and willing,…
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This was an action of debt on a bond, in the penalty of 1920 dollars, with condition, that the defendant should deliver to the plaintiff, or his agent or assigns, at the place of embarkation in Brownsville, the quantity of 1920 gallons of good merchantable proof whiskey, in good and tight barrels, in all .the month of May, 1809. Upon oyer of the obligation and condition, the defendant pleads In bar, that in all the month of May, 1809, he was ready, and prepared, and willing, to deliver to the plaintiff, or to his agent or assigns, at the place of embarkation at Brownsville, the quantity of…
1Opinion of the Court
WASHINGTON, Circuit Justice.
It is objected to this, and the other pleas — 1. That it does not state that the defendant is still ready to deliver the whiskey in the condition mentioned. 2. That it does not allege the readiness and preparation of the defendant, at the last convenient hour of the 31st of May. 3. It does not state that the defendant was at the place of embarkation, in person or by an agent, ready and prepared to deliver.
The first objection was pressed, not so much upon the authority of adjudged cases, as upon the unreasonableness of the doctrine to which it is made, which renders…
2Cited by1 opinion
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