Payne v. Baldwin
New York Supreme Court
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
- Larson v. WymanNew York Supreme Court · 1835
- Chase v. DayNew York Supreme Court · 1819
- King v. DespardNew York Supreme Court · 1830
3Cited by6 opinions
- West v. GraingerSupreme Court of Florida · 1903
- Zabriskie v. Hackensack and N.Y. R.R. Co.Supreme Court of New Jersey · 1867
- Downs v. PerkinMassachusetts Supreme Judicial Court · 1911
- Lachman v. IrishNew York Supreme Court · 1893
- Salmon v. McEnanyNew York Supreme Court · 1880
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