Bell v. Palmer
New York Supreme Court
Assumpsit, tried at the New York circuit, December 3, 1823, before Edwards, C. Judge, when the following facts appeared : The defendants, at Neto-York, having on hand a quantity of cocoa consigned to them by D^Arcy and Dedier, of Baltimore, at the request of Darby, one of the plaintiffs, consigned to their house of trade at Leghorn {Italy) a part of this cocoa in two parcels on an advance by the plaintiffs of £2100, sterling; the defendants agreeing to ke personally liable…
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Assumpsit, tried at the New York circuit, December 3, 1823, before Edwards, C. Judge, when the following facts appeared : The defendants, at Neto-York, having on hand a quantity of cocoa consigned to them by D^Arcy and Dedier, of Baltimore, at the request of Darby, one of the plaintiffs, consigned to their house of trade at Leghorn {Italy) a part of this cocoa in two parcels on an advance by the plaintiffs of £2100, sterling; the defendants agreeing to ke personally liable for the advance. The consignment to the plaintiffs was by the ship Minerva Smith, which ar- , lived at Leghorn September…
1Opinion of the Court
Curia, per
Savage, Ch. J.
There is no dispute but the advance on the goods exceeded their value ; and the defendants admit their liability to refund the difference between the money loaned, and the value of the cocoa at 121 pesos. But they contend that the plaintiffs, not having taken that price when offered, and having subsequently-sold for eleven, must bear the loss. Whether the plaintiffs were bound to have taken that offer, and to have sold immediately on the arrival of the cocoa; or whether they were justified in holding it longer, to try the market, is the only question.
The judge at the…
2Cited by3 opinions
- Fordyce v. PeperUnited States Circuit Court · 1883
- Evans v. . RootNew York Court of Appeals · 1852
- Kelly v. SmithU.S. Circuit Court for the District of Connecticut · 1848