Legal Opinion

Payne v. Baldwin

New York Supreme Court

Decided February 7, 1853PublishedCited by 6 opinions

This was a motion by the defendant to set aside the report of a referee, and for a new trial, upon a case. The action was assumpsit ; and the declaration contained the common counts, for goods sold and delivered, &c. The referee reported $114,66 due to the plaintiff. The facts are set forth in the opinion of the court.

1Opinion of the Court

By the Court, Edwards, J.

I think that there was sufficient evidence before the referee, to warrant him in finding that there iras a delivery of the materials, for the price of which this *571suit is brought; at least, we should not be authorized to set aside his report on the ground that a delivery was not proved.

The principal question in the case is, whether the defendant made such a promise as to render himself personally liable for the materials furnished.

The case shows that the Jackson Insurance Company had entered into a contract with Elias Stebbins, to do the mason work upon some houses…

2Cases cited3 opinions

  1. Larson v. WymanNew York Supreme Court · 1835
  2. Chase v. DayNew York Supreme Court · 1819
  3. King v. DespardNew York Supreme Court · 1830

3Cited by6 opinions

  1. West v. GraingerSupreme Court of Florida · 1903
  2. Zabriskie v. Hackensack and N.Y. R.R. Co.Supreme Court of New Jersey · 1867
  3. Downs v. PerkinMassachusetts Supreme Judicial Court · 1911
  4. Lachman v. IrishNew York Supreme Court · 1893
  5. Salmon v. McEnanyNew York Supreme Court · 1880

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API